New Jersey’s Revised Uniform Fiduciary Access to Digital Assets Act

New Jersey’s Revised Uniform Fiduciary Access to Digital Assets Act

by | Jun 24, 2025 | Estate Administration, Estate Planning, Last Will and Testament, Power of Attorney, Probate

The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) was enacted in New Jersey to provide clarity and structure for fiduciaries seeking access to a decedent’s or incapacitated person’s digital assets. The law balances the privacy expectations of individuals with the practical needs of estate and trust administration.

Key Definitions

  • Digital Asset: An electronic record in which an individual has a right or interest, such as email accounts, social media profiles, cryptocurrency, or cloud-stored files.
  • Fiduciary: A person authorized to act on behalf of another, including:
    • Executor or administrator of an estate
    • Agent under a power of attorney
    • Trustee
    • Court-appointed guardian
  • Custodian: A person or business that stores digital assets (e.g., Google, Meta, Apple).

Fiduciary Access Categories

RUFADAA applies to four types of fiduciaries:

  1. Personal Representatives (Executors/Administrators) – May access the digital assets of a deceased individual.
  2. Agents under a Power of Attorney – May manage digital assets during the principal’s lifetime, if specifically authorized.
  3. Trustees – May access digital assets titled in the name of the trust.
  4. Court-Appointed Guardians – May access digital assets with court approval.

Hierarchy of Access Authorization

RUFADAA establishes a three-tiered system to determine fiduciary authority:

1. Online Tools

If the digital service provider (such as Google or Facebook) offers a tool for account holders to direct post-death access (e.g., Google’s Inactive Account Manager or Facebook’s Legacy Contact), that direction overrides any conflicting instructions in a will, trust, or power of attorney.

2. Legal Documents

If no online tool exists or is used, instructions provided in estate planning documents control. These documents must specifically authorize access to digital assets; general powers are not sufficient.

3. Terms of Service Agreements (TOSAs)

If neither an online tool nor legal documents address the issue, the service provider’s Terms of Service Agreement governs access. Most TOSAs restrict access to authorized users only.

Scope of Access

Fiduciaries may seek access to:

  • Content: The actual substance of communications (e.g., emails, messages), which requires explicit authorization.
  • Catalog Information: Metadata such as sender, recipient, and timestamps, which may be accessible with broader authority.

Service providers may limit access to catalog information if content access is not authorized.

Steps for Fiduciaries to Request Access

Fiduciaries must usually provide the custodian with:

  1. A written request for access;
  2. A certified copy of the death certificate (for estates);
  3. Documentation of fiduciary authority (e.g., letters testamentary, power of attorney, or court order); and
  4. A copy of the will, trust, or other document granting digital access rights.

In some cases, custodians may require a court order to release certain information.

Custodian Protections

  • Custodians are not liable for acts done in good faith under RUFADAA.
  • They are permitted to request additional documentation or a court order.
  • Custodians may limit access to specific portions of data or provide it in alternative formats.

User Privacy and Federal Law Compliance

  • If the account holder prohibited disclosure via legal documents or online tools, fiduciaries cannot override that instruction.
  • RUFADAA does not override federal privacy laws, such as the Stored Communications Act or the Computer Fraud and Abuse Act.

Practical Takeaways for New Jersey Residents

  • Estate planning documents should expressly authorize access to digital assets.
  • Individuals should consider using online tools offered by service providers to designate account access.
  • To avoid confusion and uncertainty, make sure there is no conflict between estate planning documents and online tools offered by service providers
  • Appointing a digital executor or agent can help ensure smooth management of online accounts.
  • Without proper planning, loved ones may be unable to access essential financial or personal information stored digitally.
Digital Asset Estate Planning in New Jersey: Don’t Forget Your Digital Life

Digital Asset Estate Planning in New Jersey: Don’t Forget Your Digital Life

by | Jun 17, 2025 | Estate Administration, Estate Planning, Last Will and Testament, Power of Attorney

In today’s world, estate planning isn’t just about physical property or bank accounts. Increasingly, individuals are amassing significant digital assets—social media accounts, cryptocurrency, online business platforms, cloud storage, digital photos, frequent flyer miles, and more. If you’re a New Jersey resident, planning for these assets is not only prudent but essential. Without a clear plan, your digital legacy could be lost, inaccessible, or mismanaged after death.

What Are Digital Assets?

Digital assets include any online account or digital file that you own or control. This could be:

  • Financial accounts like PayPal, Venmo, cryptocurrency wallets, and investment apps
  • Social media and email (Facebook, Instagram, Gmail)
  • Subscriptions (Netflix, Dropbox, Amazon)
  • Online businesses or monetized content on platforms like Etsy, YouTube, or Substack
  • Intellectual property such as domain names, eBooks, or digital art stored online

New Jersey and the Revised Uniform Fiduciary Access to Digital Assets Act

New Jersey has adopted Revised Uniform Fiduciary Access to Digital Assets Act(RUFADAA), a law that governs how fiduciaries (like executors of a will or agents under a power of attorney) can access your digital assets. Under RUFADAA:

  1. You can authorize or restrict access to digital assets via a will, trust, or power of attorney.
  2. If no specific authorization exists, the service provider’s Terms of Service Agreement usually controls access.
  3. Some platforms allow you to name a “legacy contact” (Facebook for example) or designate what happens to your data after death (Google Inactive Account Manager).

Why You Need a Digital Estate Plan

Without proper planning, loved ones may not be able to access essential financial records or sentimental content. Worse, your identity or business could be compromised if unattended digital accounts remain open.

A digital estate plan ensures:

  • Access to critical financial information
  • Protection of sensitive personal data
  • A clear path for digital legacies or online businesses
  • Fulfillment of your final wishes, including digital memorials or deletions

Steps to Include Digital Assets in Your Estate Plan

  1. Inventory your digital assets. List your accounts, usernames, and approximate value or importance.
  2. Choose an agent. Name someone you trust to handle these assets—this can be part of your will or separate, depending on complexity.
  3. Document access. Store passwords securely using a password manager and include instructions in a secure letter of instruction or digital vault.
  4. Provide legal authorization. Update your estate planning documents to explicitly authorize access to digital assets in accordance with RUFADAA.
  5. Review terms of service. For major accounts, check if the provider allows you to set legacy preferences.

A Final Word

In New Jersey, failing to address your digital assets in your estate plan can create legal uncertainty and emotional stress for your loved ones. As technology continues to evolve, so too must our approach to estate planning. If you’re unsure where to begin, consult an estate planning attorney who understands the unique challenges and opportunities posed by digital assets.