Introduction

Executors increasingly encounter “digital assets” when settling an estate: email, social media, cloud storage, photos, subscription accounts, domain names, online financial accounts, and cryptocurrency. This state‑agnostic guide explains how the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) typically works for executors, what you can request from custodians, important limits on accessing the content of electronic communications, and a practical crypto‑after‑death workflow. This page is informational and not legal advice.

What counts as a digital asset

Digital assets include, at minimum:

• Email accounts and their metadata (catalog of communications)

• Social media and messaging accounts

• Cloud files, photos, and device‑stored data (phones, laptops, external drives)

• Domain names, websites, and SaaS subscriptions

• Financial and investment portals (brokerage, robo‑advisor, HSA, 529, DRIP), including exchange accounts for crypto

• Self‑custodied crypto wallets (hardware wallets, seed phrases, multisig), NFTs, and on‑chain tokens

For locating investment, brokerage, and crypto exchange accounts, see Sunset’s free Investment Account Search.

Core RUFADAA concepts for executors (state‑agnostic)

• Direction hierarchy (“online tool” first): If a service provides an in‑product “online tool” to set post‑death disclosure preferences, that direction generally controls and overrides conflicting instructions in a will or trust.

• Testamentary consent: If there is no online tool selection, a will, trust, or POA that expressly authorizes disclosure of digital assets typically governs.

• Terms‑of‑service fallback: If neither exists, the custodian’s terms of service and RUFADAA’s default rules apply; custodians may provide limited data or decline content disclosure without proper consent or court authority.

• Catalogue vs. content: RUFADAA distinguishes the “catalogue of communications” (addresses, timestamps, and routing—like an email header list) from the “content of communications” (the body/text, attachments). Executors can often obtain the catalogue with standard authority. Access to content usually requires the user’s express consent (online tool or will/trust/POA) or a court order.

• Custodian safeguards: Providers may require specific records (death certificate, letters testamentary, account identifiers), may decline unduly burdensome requests, and can charge reasonable administrative fees for producing data.

• Compliance with other law: Providers must also comply with federal privacy and anti‑hacking laws (e.g., Stored Communications Act). Avoid password guessing or circumvention; request data formally instead.

Typical requests and documents custodians expect

• Certified death certificate

• Letters testamentary/letters of administration (or small‑estate authority where applicable)

• Account identifiers (email address/username, customer ID, known aliases)

• Evidence linking the decedent to the account (billing records, device serials, emails)

• Specific consent for content (if seeking message bodies/attachments), or a court order tailored to RUFADAA

What executors can (and cannot) access: quick view

Notes: (1) The “catalogue vs content” limit applies across roles. (2) Custodians may provide partial disclosure (e.g., metadata or a download archive) and decline requests that are overly broad.

Limits on the content of communications

• Without clear user consent (online tool or governing document) or a specific court order, most providers will not disclose message bodies or attachments.

• Even with consent, custodians may redact or restrict data to protect third‑party privacy or comply with federal law.

• Best practice: Request the catalogue first (to understand scope and dates), then narrowly tailor any content request to those items that materially affect estate administration (e.g., locating assets, confirming contracts, or identifying liabilities).

Crypto after death: a practical, state‑agnostic workflow

1) Stabilize security immediately

• Secure physical devices, hardware wallets, seed phrases, and authentication tokens. Do not attempt unauthorized logins or bypasses.

• Preserve evidence: photograph storage locations, label devices, and maintain a chain‑of‑custody log.

2) Identify holdings and counterparties

• Use Sunset’s Investment Account Search to look for exchange accounts and crypto‑adjacent financial accounts.

• Review email catalogue and files for account confirmations, deposit/withdrawal alerts, KYC notices, or wallet backups.

3) Custodial exchange accounts

• Contact the exchange’s estate team. Expect to provide letters testamentary, government ID, and a death certificate. Ask for: (a) a balance and transaction history as of the date of death; (b) account statements; and (c) guidance to transfer to the estate.

• Under RUFADAA, exchanges can typically disclose records necessary for administration; content of communications still follows the consent rules above.

4) Self‑custody wallets

• If private keys or seed phrases are available, create an estate‑controlled wallet and transfer assets following internal controls (dual control, documented approvals). If keys are not available, inventory known addresses and consult specialists on lawful recovery options.

• For multisig, identify cosigners; obtain court authority if needed to substitute an estate signer.

5) Valuation, tax basis, and records

• Capture date‑of‑death fair market value and cost basis documentation. Preserve transaction logs, addresses, and exchange CSV exports.

6) Consolidate, manage, and distribute

• Decide whether to liquidate to fiat or transfer in‑kind to beneficiaries. Sunset can help consolidate to an FDIC‑insured estate account and keep records organized; see How it works.

Risk controls: implement dual authorization for on‑chain moves, keep keys offline, and maintain a formal incident log for any compromised devices or suspected phishing.

Templates executors can adapt (summaries)

• Catalogue request: “Please disclose the catalogue of communications and account activity for [decedent identifier] from [dates], and confirm any accounts with balances, subscriptions, or stored value relevant to estate administration.”

• Content request (narrow): “Pursuant to RUFADAA and with the enclosed express consent/court order, please disclose the content of communications limited to [specific threads/subjects/dates] necessary to locate and transfer estate assets.”

How Sunset supports RUFADAA‑aligned estate work

• Automated discovery of financial and investment accounts (including crypto exchange accounts) with results often in one business day; see Investment Account Search.

• County‑specific probate documents nationwide and e‑notarization, keeping executor authority clear and current; see How it works.

• Estate banking: FDIC‑insured estate accounts with organized records for asset consolidation and distribution; see How it works.

• Acting on your authorization: Sunset may operate under limited power of attorney for specified estates to assist with discovery and closures as directed; see Terms of Use and electronic consent requirements in Electronic Communications Policy. Privacy practices are described in our Privacy Policy.

Fast answers (FAQs)

• Does RUFADAA give me the decedent’s passwords? No. It provides a process to request disclosure from custodians; unauthorized logins may violate law and service terms.

• Can I read the decedent’s emails? Usually you can obtain a catalogue without special consent; reading message content generally requires express consent (or a tailored court order).

• Do I need a lawyer? Many estates settle without one; Sunset auto‑generates county‑specific filings and centralizes assets. Complex disputes or novel crypto scenarios may warrant counsel. See How it works.

See also

• Investment, brokerage, and crypto exchange discovery: Investment Account Search

• Process overview and estate account setup: How it works

• Legal and privacy framework for Sunset’s assistance: Terms of Use • Electronic Communications Policy • Privacy Policy