A.R.S. § 14-13115

Fiduciary Duties and Authority Over Digital Assets in Arizona

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

Arizona applies the same legal duties that govern tangible property management to digital assets. Fiduciaries must exercise the duty of care, the duty of loyalty, and the duty of confidentiality when handling digital property. Their authority is limited by terms of service, copyright law, and the scope of their fiduciary role.

Title 14, REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

azleg.gov

The Same Standards Apply to Digital Property

This statute makes a straightforward but important point: managing someone's digital assets carries the same legal obligations as managing their physical property. A trustee, personal representative, agent, or conservator who handles digital assets must follow the duty of care, the duty of loyalty, and the duty of confidentiality. Cutting corners with digital property can carry the same legal consequences as mishandling a bank account or a piece of real estate.

The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following, if applicable: 1. The duty of care. 2. The duty of loyalty. 3. The duty of confidentiality.

A.R.S. § 14-13115(A)

The duty of confidentiality is especially relevant for digital assets. A fiduciary who gains access to someone's email, social media, or cloud storage may encounter deeply personal information. The statute requires that this information be treated with the same discretion a fiduciary would apply to confidential financial records.

Limits on Fiduciary Authority

Access does not mean unlimited power. A fiduciary's authority over digital assets is constrained in several ways. It must comply with the platform's terms of service (with limited exceptions under section 14-13104). It is subject to copyright law. It cannot exceed the scope of the fiduciary's appointment. And it may never be used to impersonate the user. These guardrails prevent a fiduciary from, for example, posting on social media as if they were the deceased person or downloading copyrighted content the user had only licensed for personal use.

A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including section 13-2316.

A.R.S. § 14-13115(D)

This last provision is a practical safeguard for fiduciaries. It confirms that accessing accounts within the scope of their duties does not violate Arizona's computer fraud laws. Without this protection, a well-meaning successor trustee logging into a deceased person's accounts could technically face criminal liability.

A. The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following, if applicable: 1. The duty of care. 2. The duty of loyalty. 3. The duty of confidentiality. B. A fiduciary's or designated recipient's authority with respect to a digital asset of a user: 1. Except as otherwise provided in section 14-13104, is subject to the applicable terms of service. 2. Is subject to other applicable law, including copyright law. 3. In the case of a fiduciary, is limited by the scope of the fiduciary's duties. 4. May not be used to impersonate the user. C. A fiduciary with authority over the property of a decedent, protected person, principal or settlor has the right to access any digital asset in which the decedent, protected person, principal or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. D. A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws, including section 13-2316. E. A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal or settlor: 1. Has the right to access the property and any digital asset stored in it. 2. Is an authorized user for the purpose of computer-fraud and unauthorized-computer-access laws, including section 13-2316. F. A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user. G. A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by all of the following: 1. If the user is deceased, a certified copy of the death certificate of the user. 2. A certified copy of the letters testamentary of the representative, small-estate affidavit, court order, power of attorney or trust giving the fiduciary authority over the account. 3. 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 user's account. (b) Evidence linking the account to the user. (c) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subdivision (a) of this paragraph.

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 Statutes

§ 14-13111When a Trustee Is the Original Account User: Digital Asset Access

§ 14-13110How an Agent Accesses a Principal's Digital Assets in Arizona

§ 14-13114How a Conservator Accesses a Protected Person's Digital Assets

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