RUFADAA is the Revised Uniform Fiduciary Access to Digital Assets Act, drafted by the Uniform Law Commission in 2015. It empowers fiduciaries—like estate executors, trustees, or agents under powers of attorney—to access and manage a deceased or incapacitated person’s digital assets. These assets include cryptocurrencies, cloud files, online photos, domain names, and more. However, electronic communications (emails, texts, social media) are only accessible if the user expressly granted consent in a will, online tool, or power of attorney
Since its creation, RUFADAA has been adopted by many—but not all—states. Some adopted the model language, and others made significant modifications, resulting in varied effects:
- States like Pennsylvania codify RUFADAA under their particular probate codes (e.g., Pennsylvania’s Section 3904(b) hierarchy of access) alberts-law.com.
- Other states may not have adopted RUFADAA at all, meaning there’s no consistent framework for fiduciary access to digital assets.
- Even among adopting states, there are differences in hierarchy—some treat online tool directives as controlling, others default to estate planning documents, then to terms-of-service, etc. .
Key takeaway: Your legal fiduciary rights over digital assets depend heavily on the specific language in your state’s version of RUFADAA.
Estate Planning: What RUFADAA Means for You
1. Include Digital Assets Explicitly
- With RUFADAA, your digital footprint (e.g., crypto, cloud storage, websites) becomes part of your estate.
- Include digital asset instructions in documents: will, trust, power of attorney, or designated online tools.
- Use service-provided “online tools” when available; they generally rank highest in the access hierarchy thelegallo.com+10alberts-law.com+10studocu.com+10.
2. Specify Communication Content Access
- Default access provides only a “content-neutral” catalog—sender/recipient, timestamps. Accessing actual message content requires explicit direction .
- If you want fiduciaries to see messages (e.g., to settle accounts or find accounts), you must opt-in clearly.
3. Match Documents to Digital Rights
- Craft your documents to fit your state’s hierarchy.
- If online tools aren’t available, then state law lets wills or POAs step in.
- Some states allow estate documents to override conflicting terms-of-service.
4. Review Custodian Policies
- Not all custodians offer online tools. When they do, their tools may override your will or trust reddit.com+1lawshelf.com+1alberts-law.com.
- Know which services you use and whether they allow directives via independent tools.
Impact on Execution of an Estate
RUFADAA reshapes practical estate execution in several ways:
A. Asset Identification & Recovery
Fiduciaries can now:
- Locate and secure cryptocurrencies, domain names, cloud accounts, etc.
- Access catalogs of communication to help discover assets or settle liabilities.
B. Avoid Legal Conflicts
Without RUFADAA, fiduciaries may be denied access entirely or face lengthy court battles.
With it, there’s a clear, legal process based on directives and hierarchy of decision-making.
C. Speed & Cost Efficiency
Accessing digital assets and communication data expedites probate proceedings, reduces court involvement, and cuts legal costs—especially where RUFADAA aligns with broader Uniform Probate Code frameworks.
D. Privacy & Consent Considerations
RUFADAA aims to strike a balance:
- Fiduciaries get access to necessary assets.
- Individuals retain control over what is revealed, especially sensitive communications.
Estate Planning Checklist
- Inventory your digital assets: websites, crypto, cloud, email, social media.
- Use online tools if offered by service providers.
- State your wishes in legal documents:
- Permissions on content vs catalog access.
- Names and roles of fiduciaries.
- Confirm your state’s law and how it defines the access hierarchy.
- Coordinate trustee/executor powers: Ensure digital asset powers are consistent with those given for tangible assets.
