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A.R.S. § 14-13113

Non-Content Digital Assets for Trustees

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

A successor trustee who did not create the account can access a list of electronic messages and other digital assets. This does not include the content of those messages. It requires less paperwork than content access and no special consent in the trust.

Title 14, REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

azleg.gov

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. § 14-13113

The 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.

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 if the trustee gives the custodian all of the following: 1. A written request for disclosure in physical or electronic form. 2. A certified copy of the trust instrument or a certification of the trust under section 14-11013. 3. A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust. 4. If requested by the custodian any of the following: (a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the trust's account. (b) Evidence linking the account to the trust.
View on azleg.gov

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Related Questions

What happens to accounts my family does not know about?

Accounts your family does not know about can become unclaimed property held by the state. Create a master asset list of every account, update it yearly, and store it with your trust documents so nothing falls through the cracks.

How do I protect my digital assets and online accounts in my estate plan?

Include digital asset authority in your trust, will, and power of attorney. Create a secure inventory of all accounts and passwords. Arizona's RUFADAA law gives your fiduciary access only if you grant it in your plan.

What does a trustee actually do?

A trustee manages trust assets according to the trust creator's instructions. While you are alive, you are typically your own trustee. After you pass, your successor trustee distributes assets as directed.

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