Where State Law Meets Federal Law
The federal E-SIGN Act sets broad rules for electronic records and signatures in commerce. This chapter covers more specific ground. It addresses what happens to digital accounts when someone dies or becomes incapacitated.
This statute clarifies how the two laws interact. In short, this digital asset law takes priority over the general federal e-commerce statute when they overlap.
This chapter modifies, limits and supersedes the electronic signatures in global and national commerce act, 15 United States Code sections 7001 through 7031, but does not modify, limit or supersede 15 United States Code section 7001(c) or authorize electronic delivery of any of the notices described in 15 United States Code section 7003(b).
A.R.S. § 14-13118If a question involves fiduciary access to digital accounts, this chapter controls. This means state law, not federal law, governs the process.
But the statute keeps two important federal protections in place. The consumer consent rules under federal law remain intact. The notice rules for certain documents, such as court orders, also stay in effect.
What This Means in Practice
For most families managing a digital estate, this rule works quietly in the background. It stops a custodian from arguing that federal e-commerce law overrides the state's fiduciary access rules.
Records signed or stored in electronic form remain valid. The statute does not change how a digital signature works. A document keeps its legal effect even if it exists only in electronic form.
The result is a clean division. State law governs fiduciary access to digital assets. Federal law continues to govern electronic signatures, record keeping, and commerce.