What Non-Content Access Includes
This statute covers the baseline level of digital asset access available to a successor trustee. It allows access to two categories: a catalogue of electronic communications (metadata like sender, date, and subject lines) and any other digital assets in the trust account that are not the content of communications. That can include photos, documents, financial records, cryptocurrency holdings, and similar digital property.
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 a catalogue of electronic communications sent or received by an original or successor user and stored, carried or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest.
A.R.S. § 14-13113The practical difference between this section and section 14-13112 is significant. Under this section, the trustee does not need the trust instrument to include specific consent language for communication content. The trustee still needs a written request, a certified copy of the trust or trust certification, a sworn statement of current authority, and any requested account identifiers.
Planning Around the Content Gap
Because this section does not grant access to communication content, the trust document itself becomes the key factor. When a trust includes clear language authorizing digital asset disclosure, including communication content, the successor trustee has a direct path to full access. Without that language, the trustee may face delays at a difficult time.
