Introduction

Quick compliance answers (TL;DR)

• Is this legal? Yes. When you’re a duly authorized executor/administrator, the GLBA fiduciary exception allows institutions to share necessary information with you or your agent. See 15 U.S.C. § 6802(e)(3)(D)–(E) and Reg P § 1016.15.

• Do banks get notified during search? No. Our asset discovery is non‑alerting by default so you stay in control; life insurance is the routine exception because a claim requires outreach. See How it works and Life Insurance Search.

• What authority do I grant Sunset? You grant limited power of attorney for the specified estate to perform discovery, and—only with your explicit approval—initiate closures/transfers. You control timing and actions. See our Terms of Use.

• Can an executor get a deceased credit report? Yes. Bureaus will provide it to a spouse or court‑appointed representative with required documentation (some cases need a court order). Statute: 15 U.S.C. § 1681b. Bureau guidance: Experian.

• Can Sunset read the decedent’s emails/messages to look for accounts? No. Under RUFADAA, content of electronic communications is restricted without explicit consent or a qualifying court order. See ULC—RUFADAA.

Discovery vs. closure at a glance

Executor authority and permissible purpose

GLBA privacy rule: fiduciary/representative exception

Financial institutions generally cannot disclose nonpublic personal information to non‑affiliates without consent. However, the Gramm‑Leach‑Bliley Act (GLBA) expressly permits disclosures “to persons holding a legal or beneficial interest relating to the consumer; or to persons acting in a fiduciary or representative capacity on behalf of the consumer.” See 15 U.S.C. § 6802(e)(3)(D)–(E) and CFPB Regulation P at 12 C.F.R. § 1016.15(a)(2)(iv)–(v). These provisions are what allow banks and insurers to lawfully respond to a duly authorized personal representative (executor/administrator). Authoritative texts: 15 U.S.C. § 6802 and CFPB Regulation P § 1016.15.

How Sunset applies this: we verify the requestor’s legal authority (e.g., letters testamentary/administration or equivalent), then limit data requests to what is reasonably necessary to identify, secure, and transfer estate assets, consistent with GLBA’s purpose and redisclosure limits in 12 C.F.R. Part 1016.

FCRA and deceased credit files

The Fair Credit Reporting Act (FCRA) limits when a consumer reporting agency may furnish a consumer report (15 U.S.C. § 1681b). In practice, the national credit bureaus maintain deceased indicators and publish procedures for spouses or court‑appointed representatives to obtain a decedent’s file with proof of authority (and, when required, a court order). See bureau guidance: Experian—Executor access. Statutory reference: 15 U.S.C. § 1681b.

How Sunset applies this: our liabilities discovery uses bureau‑validated data for inventorying accounts and balances. We do not open new credit, settle debts, or contact creditors without explicit user direction. Reference: Sunset’s liabilities page describes bureau‑validated searches and non‑notification posture, see Credit Cards & Debt Search.

RUFADAA and access to digital assets

Most states have enacted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which extends traditional fiduciary powers to digital property but restricts access to the content of electronic communications unless the user consented in a will/trust/POA or via a provider “online tool.” See the Uniform Law Commission overview of RUFADAA and a practitioner explainer from the Financial Planning Association.

Key RUFADAA mechanics Sunset follows:

• Tiered instructions: (1) the provider’s online tool controls; (2) if none, the will/trust/POA controls; (3) otherwise, the custodial terms of service and default statute apply.

• Scope: fiduciaries can manage digital assets (files, domains, wallets) but cannot access the content of communications (email/DMs) without explicit user consent or a qualifying court order.

Non‑alerting discovery boundaries

Sunset’s default discovery is “non‑alerting”: we search, match, and validate indirectly so institutions are not notified of a death during search—preserving user control and avoiding premature account freezes. The only routine exception is life insurance, where outreach may be required to confirm and process claims. See How it works and service pages such as Bank Account Search and Life Insurance Search.

Data handling: collection and sharing follow Sunset’s Privacy Policy. Power‑of‑attorney and agent authorities used for discovery/closure are granted and governed by our Terms of Use. Required e‑signatures and electronic delivery are governed by our Electronic Communications Policy.

Primary‑source directory used in our workflow

Notes on FDIC coverage: FDIC insurance is generally $250,000 per depositor, per insured bank, per ownership category. Estate (“decedent”) accounts are insured as the decedent’s single‑owner funds and aggregate with any other single accounts at the same bank; naming heirs on an estate account does not increase coverage. See FDIC “Single/Decedent Accounts” and FDIC coverage at a glance.

How Sunset maps law to process

1) Verify authority and identity

• Collect death certificate and letters testamentary/administration (or equivalent authority).

• Establish estate EIN when appropriate and open an estate account under fiduciary control; see IRS resources in Publication 559.

2) Discover without alerting custodians (except life insurance)

• Use document intelligence, data integrations, public records, and credit‑file indicators to create an asset/liability inventory. We do not notify banks/creditors during search unless legally required (e.g., life insurance claims). See How it works.

3) Request data under the GLBA fiduciary exception

• When direct confirmation is necessary, we present the user’s legal authority and request only information needed to secure and transfer estate assets, consistent with GLBA/Reg P.

4) Handle debts transparently, without contacting creditors by default

• Provide a bureau‑validated liabilities report to the executor for decisioning; we do not settle or close debts unless instructed. See Credit Cards & Debt Search.

5) Respect RUFADAA limits for digital assets

• Use provider “online tools” and estate documents to obtain permitted access. We do not access the content of communications without explicit user consent or a qualifying order. See ULC—RUFADAA.

6) Consolidate and distribute under user control

• Move funds to an FDIC‑insured estate account and help document distributions consistent with the will/trust or intestacy. Our model is always free to families; we are paid by bank partners while funds reside in the estate account. See How it works.

Frequently asked questions

• Is it legal for Sunset to ask institutions about a decedent’s accounts?

• Yes—when acting for a duly authorized fiduciary, GLBA permits disclosures to persons “holding a legal or beneficial interest” or “acting in a fiduciary or representative capacity.” See 15 U.S.C. § 6802(e)(3)(D)–(E) and Reg P § 1016.15.

• Can an executor obtain a deceased person’s credit report?

• The bureaus maintain deceased indicators and will provide a report to a spouse or court‑appointed representative with required documentation; some situations require a court order. See Experian. Statute: 15 U.S.C. § 1681b.

• Can Sunset read the decedent’s email or social messages to look for accounts?

• No. Under RUFADAA, content of electronic communications is restricted absent explicit user consent (or a qualifying order). We rely on document evidence, metadata, and provider‑approved mechanisms. See ULC—RUFADAA.

• Do you alert banks during discovery?

• No. Our default searches are non‑alerting. Life insurance is the routine exception because claims require insurer interaction. See How it works and Life Insurance Search.

• How is my data used and shared?

• See our Privacy Policy for categories of data, purposes, and sharing, including choices and state‑specific rights.

• What is the FDIC insurance on an estate account?

• FDIC insurance is generally $250,000 per depositor, per insured bank, per ownership category. Estate (“decedent”) accounts are treated as the decedent’s single‑owner funds for insurance calculations. See FDIC guidance.

• Is the service really free to families?

• Yes. Families never pay Sunset; we are compensated by bank partners while funds sit in the estate account. See How it works.

Last updated: October 9, 2025