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. Those policies do not always account for legal authority.
This statute puts a firm timeline on the process. Once a custodian receives the required documents, they have sixty days to comply.
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 required paperwork. If the custodian still does not act, the fiduciary can go to court. A judge can then compel compliance.
This means fiduciaries have real leverage when dealing with unresponsive platforms. The enforcement tool is built into the statute.
Good Faith Protection for Custodians
The statute also protects the other side. Custodians and their officers, employees, and agents are immune from liability when they comply in good faith. That protection encourages cooperation.
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)A platform that follows the rules faces no risk of a lawsuit from the account holder's family. As a result, custodians are more likely to cooperate with proper requests.
The custodian can deny a request if it learns of lawful access to the account after the fiduciary's request. The custodian can also ask for a court order to confirm the account belongs to the right person. These safeguards balance access for fiduciaries with privacy for account holders.