Digital Estate Laws by State

What Is RUFADAA?

The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) is a model law that gives executors, trustees, and agents legal authority to manage digital assets after someone's death or incapacity — but only if the account holder explicitly granted that authority in their estate documents.

Most US states have adopted RUFADAA, but implementation varies. Some states added modifications. A few have not yet adopted it at all. This is why consulting an estate attorney in your specific state is always recommended.

Key Things RUFADAA Does

• Grants fiduciaries legal authority to access digital accounts (if permitted by the platform's terms of service)
• Requires the account holder to have explicitly authorized digital asset access in their will, trust, or power of attorney
• Establishes a priority system: platform-native tools (like Google's Inactive Account Manager) take priority over RUFADAA, which takes priority over terms of service
• Does not override platform terms of service entirely — platforms still control what they allow

What This Means for You

Even if your state has adopted RUFADAA, your executor only has authority over digital assets if your will explicitly grants it. A generic "all my property" clause is often not enough. You need specific digital asset language — ideally drafted or reviewed by an estate attorney in your state.

Additionally, RUFADAA cannot override platform terms of service entirely. Even with full legal authority, some platforms may restrict what your executor can access. This is why in-platform tools (like Apple Legacy Contact and Google's Inactive Account Manager) are just as important as legal documents.