Content Access Requires Explicit Trust Consent
Accessing the actual content of emails, messages, and other electronic communications is the most privacy-sensitive area of digital asset management. Arizona law draws a clear line here. A successor trustee who did not originally create the account can access communication content only if the trust instrument itself includes consent to that disclosure.
Unless otherwise ordered by the court, directed by the user or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received or stored by the custodian in the account of the trust.
A.R.S. § 14-13112This makes the trust document itself a critical factor. If the trust does not address digital asset access or does not include language consenting to communication content disclosure, a successor trustee may be limited to metadata and non-content assets under section 14-13113.
What the Trustee Must Provide
The statute requires four things from a successor trustee seeking content access: a written request, a certified copy of the trust instrument (or a trust certification under A.R.S. 14-11013) that includes consent to disclosure, a sworn certification that the trust exists and the trustee is currently acting, and any account identifiers the custodian requests. Each requirement protects a different interest. The trust copy proves authority. The certification confirms current status. The account identifiers prevent fishing expeditions across unrelated accounts.
