Increasingly, estate “assets” extend far beyond real estate and bank accounts to include cryptocurrency wallets, email archives, social media profiles, and cloud-stored documents. In response to this growing reality, the Uniform Fiduciary Access to Digital Assets Act (UFADAA)—adopted by 47 states including Florida—provides a legal framework for fiduciaries to access and manage a decedent’s or incapacitated person’s digital assets.

Florida implemented its version of UFADAA in 2016 as Chapter 740 of the Florida Statutes. This ensures that fiduciaries can step into the digital shoes of a decedent or protected person while respecting user privacy and service-provider rules.

What Is UFADAA?

UFADAA has two primary objectives:

• To grant fiduciaries the same legal authority over digital assets as they have over tangible assets.
• To offer legal clarity to digital asset custodians—such as Google, Facebook, and Microsoft—allowing them to disclose data lawfully.

Under UFADAA, key roles are defined as:

• Custodian: A company that holds another’s digital assets or communications.
• User: The person who owns or manages the account.
• Fiduciary: An executor, trustee, power of attorney agent, or court-appointed guardian.

Florida’s Version: Chapter 740, Florida Statutes

Florida’s Chapter 740 law outlines specific rules regarding digital assets:

• Definitions & Scope (F.S. 740.001–.002): Establishes terminology such as “digital asset” and “custodian.”
• User Direction Controls (F.S. 740.003): Allows users to instruct fiduciaries via will, trust, POA, or an online tool.
• Terms-of-Service Preservation (F.S. 740.004): Protects custodian TOS unless a separate user directive exists.
• Disclosure Procedures (F.S. 740.005): Explains how custodians can provide digital access or copies and outlines fees and limitations.

For a full reading, visit the Florida Senate Chapter 740 page.

Priority Hierarchy for Accessing Digital Assets

UFADAA establishes a clear hierarchy for determining which user directive takes precedence:

1. Online Tool Directive: If the platform offers a tool (e.g., Facebook’s Legacy Contact, Google’s Inactive Account Manager), and the user set it up, this directive overrides others.
2. Will, Trust, or Power of Attorney: If no online tool is set, these written directives govern—provided they are separate from TOS agreements.
3. Terms-of-Service Agreement: If no other direction exists, the custodian’s TOS will control.

This hierarchy ensures user wishes are followed while respecting legal contracts and privacy regulations. Many are surprised to learn that online settings can override their will or trust instructions.

Digital Estate Planning Tips for Florida Residents

• Create a Digital Asset Schedule: Include a list of online accounts, websites, and device storage locations in your estate documents.
• Choose a Tech-Savvy Fiduciary: Appoint someone who understands digital platforms or name a co-fiduciary with tech knowledge.
• Use Online Tools: Configure options like Google’s Inactive Account Manager or Facebook’s Legacy Contact and keep a record.
• Draft a Digital Assets Memorandum: A standalone letter (incorporated by reference) allows easy updates of credentials and key locations.
• Update Power of Attorney Documents: Ensure they explicitly grant digital access rights under UFADAA.
• Review Regularly: Update plans as new services or accounts are created.

Conclusion

As our lives move further online, digital estate planning becomes critical. Florida’s Chapter 740 law under UFADAA helps fiduciaries manage digital assets responsibly and legally. By understanding the law’s hierarchy—online tool, legal documents, then TOS—and making digital-friendly updates to your estate plan, you can ensure a smooth transition of both tangible and intangible property to your loved ones.

Consulting with an estate planning attorney licensed in Florida who understands digital asset laws is the best way to protect your legacy in a digital world.