What Non-Content Access Includes
This law covers the baseline level of digital asset access for a successor trustee. It allows access to two types of data. The first is a list of electronic messages, which includes metadata like sender, date, and subject lines.
The second is any other digital assets in the trust account that are not message content. For example, this can include photos, documents, and financial records.
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 key difference between this section and section 14-13112 is clear. Under this section, the trust does not need to include special consent language. The trustee still needs a written request, a certified trust copy, a sworn statement, and any account details the custodian asks for.
Planning Around the Content Gap
Because this section does not grant access to message content, the trust document itself becomes the key factor. When a trust includes clear language about managing digital assets, the successor trustee has a direct path to full access.
Digital assets like social media accounts, cloud storage, and bank portals may hold key data. Estate planning documents that address these assets make the handoff smoother.
What Families Should Know
For families handling a loved one's estate, the line between content and non-content access can be hard to follow. The list alone may not give enough detail to manage the estate well.
Key details may be buried in email threads the trustee cannot read without the right trust language. If you are creating or updating a trust, ask about adding a digital asset rule. This small addition can save the successor trustee a great deal of time.