Arizona Digital Assets Estate Planning

Arizona digital assets estate planning starts with access, authority, and privacy. A good plan helps trusted people find online accounts, devices, electronic records, subscriptions, photos, crypto records, domain names, and cloud files without asking them to impersonate the account owner or violate a platform's terms.

Use this guide as source navigation. It is not legal advice. It does not draft digital-asset clauses, approve password sharing, bypass terms of service, recover crypto, validate an electronic will, decide fiduciary authority, or create Arizona product support. Start with the Arizona estate planning basics guide for the wider document sequence. Arizona remains disabled for public product and assessment use until a later approval gate.

Arizona Digital Assets Estate Planning At A Glance

Arizona digital assets estate planning uses a different source path from ordinary paper records. The Arizona Legislature's A.R.S. 14-13101 source gives the short title for Arizona's revised uniform fiduciary access to digital assets act.

The source path often asks these questions:

Next steps. Build an account inventory without putting passwords in a will or public court filing. Keep passwords, recovery keys, seed phrases, and device credentials in a secure tool or record that trusted people can find through the plan.

What Counts As A Digital Asset

The Arizona Legislature's A.R.S. 14-13102 source defines a digital asset as an electronic record in which an individual has a right or interest. It also says a digital asset does not include an underlying asset or liability unless that asset or liability is itself an electronic record.

That distinction matters. A brokerage account, crypto wallet, rewards account, music library, cloud storage folder, email account, phone, computer, and domain name may each have a different access source. Some records are property. Some are licensed. Some are only account data. Some communications have privacy protections.

Start the inventory by category:

• email accounts
• phone, computer, tablet, and backup drives
• password manager and recovery contacts
• cloud storage
• photos and video libraries
• social media and messaging accounts
• domain names and websites
• online payment accounts
• bank, brokerage, and retirement portals
• crypto wallets, exchange accounts, hardware wallets, seed phrases, and tax records
• loyalty points and travel accounts
• subscription services
• electronic documents, signed files, and document vaults
• business software, invoices, customer records, and admin access

Do not put seed phrases, passwords, or private keys in a will. A will can become part of a court file. Use a secure access plan and source-backed authority language instead.

User Direction And Online Tools

The Arizona Legislature's A.R.S. 14-13104 source addresses user direction for disclosure of digital assets. It says a user may use an online tool to direct a custodian to disclose or not disclose some or all digital assets, including content of electronic communications, to a designated recipient.

The source also says that if the online tool allows the user to modify or delete a direction at all times, that direction overrides a contrary direction in a will, trust, power of attorney, or other record. If the user has not used an online tool or the custodian has not provided one, the user may allow or prohibit disclosure in a will, trust, power of attorney, or other record.

That makes platform tools part of the estate-planning file. Review:

1. legacy contact or memorialization tools
2. inactive account manager settings
3. password manager emergency access settings
4. crypto exchange beneficiary, contact, or recovery settings
5. account recovery email and phone settings
6. business account admin roles
7. domain registrar access and renewal records

Next steps. Save proof of platform directions with the estate plan. A fiduciary may still need death certificate, letters, small-estate affidavit, court order, POA, trust, account identifier, or other proof requested under the source path.

Terms Of Service And Fiduciary Limits

Digital access is not only an estate-planning document question. The Arizona Legislature's A.R.S. 14-13105 source says the chapter does not change or impair a custodian's or user's rights under a terms-of-service agreement to access and use digital assets. It also says the chapter does not give a fiduciary or designated recipient new or expanded rights beyond those held by the user, and access may be modified or eliminated by user direction, federal law, or a terms-of-service agreement if the user has not provided direction under A.R.S. 14-13104.

The Arizona Legislature's A.R.S. 14-13115 source addresses fiduciary duty and authority. It says fiduciary duties for tangible property apply to digital assets when applicable, including duty of care, duty of loyalty, and duty of confidentiality. It also says authority is subject to terms of service, other law including copyright law, fiduciary duty scope, and may not be used to impersonate the user.

That is the trust-safe rule for this page: plan for access, but do not tell a fiduciary to log in as the user, break platform rules, bypass multi-factor authentication, copy private communications without source authority, or move crypto without records and fiduciary review.

Personal Representative Access After Death

After death, a personal representative may need digital records for estate administration. The source path splits content of communications from other digital assets.

The Arizona Legislature's A.R.S. 14-13107 source addresses disclosure of content of electronic communications of a deceased user. It lists source conditions for disclosure to a personal representative, including written request, certified death certificate, letters testamentary, small-estate affidavit or court order, and a record showing consent when no online tool direction exists, plus possible custodian requests.

The Arizona Legislature's A.R.S. 14-13108 source addresses disclosure of other digital assets of a deceased user. It addresses a catalogue of electronic communications and digital assets other than content, unless the user prohibited disclosure or the court directs otherwise, and lists request materials a custodian may require.

Use the Arizona probate guide when a death has already happened and someone needs court authority context. Use the Arizona personal representative duties guide when online account clues, records, inventory, notices, and estate administration tasks need a separate source check. Use the Arizona letters of appointment probate guide when a platform, bank, broker, or title company asks for court-issued authority.

Power Of Attorney And Lifetime Access

Lifetime access needs separate planning. The Arizona Legislature's A.R.S. 14-13109 source addresses disclosure of content of electronic communications to an agent under power of attorney. It requires express authority over the content of electronic communications and lists request materials.

The Arizona Legislature's A.R.S. 14-13110 source addresses disclosure of other digital assets of a principal. It uses a different source path for catalogue and non-content digital assets when the agent has specific authority over digital assets or general authority to act for the principal, subject to court order, principal direction, or the POA.

The Arizona Legislature's A.R.S. 14-5501 source is the durable financial power of attorney creation and validity source. Use it with digital-asset source checks when the principal wants an agent to manage online accounts, digital records, subscriptions, crypto records, or business software during incapacity.

Use the Arizona power of attorney guide for financial POA execution, agent, revocation, and abuse-risk source checks. Do not assume a generic POA gives the exact electronic-communication authority a platform may request.

Trusts, Trustees, And Digital Records

Trust planning can help organize digital records, but only if the documents and account records match. A trustee may need authority under the trust terms, proof of trusteeship, digital-asset language, device access records, account identifiers, and platform-specific directions.

The Arizona Legislature's A.R.S. 14-11013 source addresses certification of trust. It lets a trustee furnish a certification of trust instead of the trust instrument to a person other than a beneficiary and lists information the certification may contain.

Use the Arizona living trust guide for trust setup, funding, certification, and probate-avoidance limits. Use the Arizona trust administration guide when a successor trustee is already acting after death.

For digital assets, a trust file often needs:

• trust and amendments
• certification of trust
• device list
• account inventory
• platform directions
• business software admin plan
• crypto wallet and exchange records
• tax records
• instructions for closing, preserving, or transferring accounts
• contact information for advisors, trustees, agents, and personal representatives

Do not put private keys or passwords into the trust document. Use a secure access method that can be updated without rewriting the trust.

Electronic Wills And Qualified Custodians

Arizona also has electronic-will source paths. Do not confuse an electronic will with a digital-asset inventory.

The Arizona Legislature's A.R.S. 14-2520 source addresses qualified custodians of electronic wills. It lists qualified-custodian restrictions and storage duties for electronic records of electronic wills.

The Arizona Legislature's A.R.S. 14-2521 source addresses a qualified custodian's agreement to serve and ceasing service. It includes written-statement, successor-custodian, certified paper original, electronic-record, affidavit, and ceasing-service source points.

Use the Arizona will requirements guide when will execution, electronic will, qualified custodian, self-proved will, revocation, or probate proof is the main question.

Crypto And High-Risk Digital Property

Crypto and other high-risk digital property need tighter records. Source-backed access may not be enough if nobody can find the wallet, exchange, device, seed phrase, recovery credential, hardware wallet, passphrase, or tax basis records.

Build a crypto source file without exposing private keys:

1. list exchanges and wallets
2. record account owner and contact email
3. record wallet type without listing seed phrases in public documents
4. identify where hardware wallets are stored
5. identify where tax records are stored
6. record advisor or accountant contact information
7. describe how a fiduciary can find secure access instructions
8. review whether the trust, POA, will, or platform tool names digital-asset authority

Ask counsel, a tax professional, and a security-aware advisor when crypto, NFTs, business accounts, influencer accounts, private client data, software keys, domain names, or online revenue streams are part of the estate.

Arizona Digital Assets Estate Planning Checklist

Use this checklist before treating a digital-asset plan as organized:

1. List devices, accounts, cloud storage, business software, domain names, subscriptions, and crypto records.
2. Separate content of communications from account catalogues and non-content digital assets.
3. Review platform online tools and legacy contact settings.
4. Add digital-asset directions to will, trust, POA, or other records where counsel approves.
5. Keep passwords, recovery keys, and seed phrases out of court-filed documents.
6. Store access instructions in a secure place that trusted people can find.
7. Name who handles digital assets during life, after death, and as trustee if a trust exists.
8. Review POA authority for electronic communications and other digital assets.
9. Review trust certification, trustee authority, and account records.
10. Recheck electronic-will custody records if an electronic will exists.
11. Prepare platform-specific evidence: death certificate, letters, small-estate affidavit, POA, trust, account ID, or court order when needed.
12. Review the plan after changing phones, password managers, crypto wallets, domains, business accounts, or major online services.

Next steps. Create the inventory first, then ask which document gives each trusted person authority to use it.

Arizona Digital Assets Estate Planning FAQ

Does Arizona have a digital assets law?

Yes. A.R.S. 14-13101 names Arizona's revised uniform fiduciary access to digital assets act.

Can a personal representative read a deceased person's emails?

Only with the right source path. A.R.S. 14-13107 addresses disclosure of content of electronic communications and lists required request materials and consent or court-source checks.

Can a POA agent access online accounts?

The answer depends on the POA, user direction, custodian requirements, and the type of digital asset. A.R.S. 14-13109 and 14-13110 separate content of electronic communications from other digital assets.

Do terms of service still matter?

Yes. A.R.S. 14-13105 and 14-13115 keep terms-of-service and other-law limits in the source path.

Is crypto handled like a bank account?

No. Crypto can involve exchanges, wallets, private keys, seed phrases, hardware devices, tax records, and security issues. Authority documents do not recover missing keys.

Is an electronic will the same as a digital asset list?

No. Electronic wills use separate qualified-custodian source checks under A.R.S. 14-2520 and 14-2521. A digital-asset inventory is an access and record tool, not the will itself.

Sources

Sources:

• Title: 14-13101 - Short title. Publisher: Arizona Legislature. Publication Date: Not listed. Access date: 2026-06-08. URL: https://www.azleg.gov/ars/14/13101.htm
• Title: 14-13102 - Definitions. Publisher: Arizona Legislature. Publication Date: Not listed. Access date: 2026-06-08. URL: https://www.azleg.gov/ars/14/13102.htm
• Title: 14-13104 - User direction for disclosure of digital assets. Publisher: Arizona Legislature. Publication Date: Not listed. Access date: 2026-06-08. URL: https://www.azleg.gov/ars/14/13104.htm
• Title: 14-13105 - Terms-of-service agreement. Publisher: Arizona Legislature. Publication Date: Not listed. Access date: 2026-06-08. URL: https://www.azleg.gov/ars/14/13105.htm
• Title: 14-13107 - Disclosure of content of electronic communications of deceased user. Publisher: Arizona Legislature. Publication Date: Not listed. Access date: 2026-06-08. URL: https://www.azleg.gov/ars/14/13107.htm
• Title: 14-13108 - Disclosure of other digital assets of deceased user. Publisher: Arizona Legislature. Publication Date: Not listed. Access date: 2026-06-08. URL: https://www.azleg.gov/ars/14/13108.htm
• Title: 14-13109 - Disclosure of content of electronic communications of principal. Publisher: Arizona Legislature. Publication Date: Not listed. Access date: 2026-06-08. URL: https://www.azleg.gov/ars/14/13109.htm
• Title: 14-13110 - Disclosure of other digital assets of principal. Publisher: Arizona Legislature. Publication Date: Not listed. Access date: 2026-06-08. URL: https://www.azleg.gov/ars/14/13110.htm
• Title: 14-13115 - Fiduciary duty and authority. Publisher: Arizona Legislature. Publication Date: Not listed. Access date: 2026-06-08. URL: https://www.azleg.gov/ars/14/13115.htm
• Title: 14-2520 - Qualified custodian. Publisher: Arizona Legislature. Publication Date: Not listed. Access date: 2026-06-08. URL: https://www.azleg.gov/ars/14/02520.htm
• Title: 14-2521 - Qualified custodian; agreement to serve; ceasing service. Publisher: Arizona Legislature. Publication Date: Not listed. Access date: 2026-06-08. URL: https://www.azleg.gov/ars/14/02521.htm
• Title: 14-5501 - Durable power of attorney; creation; validity. Publisher: Arizona Legislature. Publication Date: Not listed. Access date: 2026-06-08. URL: https://www.azleg.gov/ars/14/05501.htm
• Title: 14-11013 - Certification of trust. Publisher: Arizona Legislature. Publication Date: Not listed. Access date: 2026-06-08. URL: https://www.azleg.gov/ars/14/11013.htm