The Sixty-Day Compliance Window
Getting access to a loved one's digital accounts after death or incapacity can feel like hitting a wall. Many online platforms have their own policies, and those policies do not always account for legal authority. This statute puts a firm timeline on the process. Once a custodian receives the required information under Arizona's fiduciary access law, they have sixty days to comply with the request.
Not later than sixty days after receipt of the information required under section 14-13107, 14-13108, 14-13109, 14-13110, 14-13111, 14-13112, 14-13113, 14-13114 or 14-13115, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
A.R.S. § 14-13116(A)That sixty-day clock starts once the fiduciary submits all the documentation required by earlier sections of this chapter. If the custodian still does not act, the fiduciary can go to court and ask a judge to compel compliance. That enforcement mechanism gives fiduciaries real leverage when dealing with unresponsive platforms.
Good Faith Protection for Custodians
The statute also addresses the other side of the equation. Custodians, including their officers, employees, and agents, are immune from liability when they comply in good faith. That protection encourages cooperation. A platform that follows the rules does not have to worry about being sued by the account holder's family or estate for releasing information.
A custodian and its officers, employees and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
A.R.S. § 14-13116(F)The custodian can also deny a request if it becomes aware of lawful access to the account after receiving the fiduciary's request. And the custodian retains the ability to require a court order specifying that the account belongs to the protected person or principal, that there is sufficient consent, or that any other legal requirement has been met. These safeguards balance access for fiduciaries with privacy protection for account holders.
