Arkansas Digital Assets Planning

Most Arkansas estates now include property that has no paper form: email and cloud photos, social media accounts, an online bank login, maybe a Coinbase balance or a hardware wallet in a drawer. These digital assets carry real financial and sentimental value, yet a family often has no idea an account exists, let alone how to reach it. Arkansas answers this with its own statute: the Revised Uniform Fiduciary Access to Digital Assets Act, codified at Ark. Code 28-75-101 through 28-75-118. It sets the exact order that decides who may reach an account, splits email into what a fiduciary may see by default versus what needs consent, and tells a custodian how fast to respond and what a personal representative must hand over first.

This guide leads with what the Arkansas statute actually requires, then covers the steps you take now and the steps an executor takes later. It pairs with the Arkansas estate planning basics guide, which covers the core documents every adult needs. It is general information, not legal advice.

The Arkansas RUFADAA: Ark. Code 28-75-101 et seq.

Arkansas enacted the Revised Uniform Fiduciary Access to Digital Assets Act in 2017. It lives in Ark. Code Title 28 (Wills, Estates, and Fiduciary Relationships), Subtitle 5, Chapter 75, running from section 28-75-101 through 28-75-118, in the same title that houses Arkansas probate, estate administration, and power of attorney rules. Four features of the Arkansas text drive almost every real question a family faces.

A codified order of priority (28-75-104). Arkansas does not leave access to guesswork. Section 28-75-104 fixes the order: a direction made through a provider's online tool controls first, your will, trust, or power of attorney controls next, and the provider's terms-of-service agreement controls only when neither of the first two applies. The three-tier system below walks that statute in order.

Content versus catalogue, split across two sections. For a deceased Arkansan, section 28-75-107 governs the content of electronic communications (the actual text of emails and messages) and section 28-75-108 governs the catalogue and other digital assets (who a message was to or from, and the rest of the account). A personal representative reaches the catalogue on ordinary probate paperwork, but reaches content only with the user's consent or a court order. That single split, examined below, is the most consequential rule in the act.

What a custodian may require, and a 30-day clock (28-75-108, 28-75-116). Arkansas spells out what a personal representative must give a provider: a written request, a certified copy of the death certificate, and a certified copy of the Letters (Testamentary or of Administration) or a small-estate affidavit or court order. Section 28-75-116 then puts a fence around delay. A custodian must comply not later than 30 days after receiving the required information, and if it does not, the fiduciary may apply to the court for an order directing compliance. Any such order must find that compliance does not violate the federal Stored Communications Act (18 U.S.C. 2702).

It runs through Arkansas probate. The Letters that unlock a provider come from the Arkansas Circuit Court, Probate Division, when the personal representative is appointed. So digital-asset access is not a side process. It starts with opening the estate in the county Circuit Court, and the certified Letters from that court are the document providers ask for.

Because RUFADAA is a uniform model that most states share, the moving parts below (the priority ladder, the content/catalogue distinction, the fiduciary request) look similar from state to state. What is Arkansas-specific is where the act sits, sections 28-75-101 to 28-75-118, the 30-day compliance window in 28-75-116, and the Circuit Court, Probate Division, as the court that issues the Letters and any order to compel.

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What Counts as a Digital Asset

RUFADAA defines a digital asset broadly as an electronic record in which a person has a right or interest. That sweeps in nearly everything you own or manage online:

Email accounts such as Gmail, Outlook, and Yahoo Mail
Cloud storage and photo libraries on iCloud, Google Drive, or Dropbox
Social media accounts on Facebook, Instagram, X, LinkedIn, and TikTok
Cryptocurrency and exchange accounts including Bitcoin, Ethereum, tokens, and balances on Coinbase or Kraken
Domain names and websites the person registered or ran
Online financial accounts like online banking, PayPal, and Venmo
Loyalty and rewards balances such as airline miles and credit card points
Subscriptions for streaming, software, and storage that keep charging the estate
Digital business assets like an Etsy or Shopify store, an ad account, or an affiliate account

One line matters for estate work: the digital asset is the electronic record itself, not the money behind it. The dollars in an online bank account still pass through Arkansas's ordinary financial and probate rules. RUFADAA governs the login and the records, not the account balance.

The Three-Tier Priority System

RUFADAA answers the access question with a clear order of priority. A fiduciary and a family should walk down it in order.

Tier 1: An Online Tool the Provider Offers

If the provider gives users a built-in way to say what happens to an account, and the person used it, that choice controls above everything else. Common online tools include:

Google Inactive Account Manager, which lets you name people to receive specific data (or delete the account) after a set period of inactivity
Facebook Legacy Contact, which names someone to manage a memorialized profile
Apple Digital Legacy, which names a legacy contact who can request access to iCloud content after death

A valid online tool designation beats your will. If you used Google Inactive Account Manager to send your Gmail data to your daughter, your executor cannot override that and route it to your son. That is why setting these tools now is the single most reliable step you can take.

Tier 2: Your Will, Trust, or Power of Attorney

If no online tool applies, RUFADAA looks to your own legal documents. Directions in a will, a trust, or a power of attorney that address digital assets control at this tier. A will clause granting your executor authority over your digital accounts, or a trust that names your digital property, gives your fiduciary a solid legal basis to ask providers for access. In Arkansas, an agent's authority under a power of attorney flows from the Uniform Power of Attorney Act (Ark. Code Title 28, Chapter 68), so the digital assets clause belongs in that document for lifetime access.

Tier 3: The Provider's Terms of Service

If there is no online tool and no direction in your documents, the provider's terms of service decide. This is the weakest position. Many platforms restrict account sharing and give an executor little or nothing beyond memorialization or deletion. Relying on the terms of service means accepting whatever each company chooses to allow.

Catalogue Versus Content of Communications

RUFADAA draws one distinction that surprises many families. It splits electronic communications, such as email and private messages, into two layers:

The catalogue is the metadata: who a message was to or from, the date and time, and often the subject line.
The content is the actual text of the message.

By default a fiduciary can obtain the catalogue of electronic communications, but reaching the content requires the deceased person's explicit consent, given through an online tool or written into the will, trust, or power of attorney. Without that consent, an executor may learn that emails were exchanged with a bank but not read what they said. This is exactly why generic "my executor may handle my affairs" language often is not enough for email content, and why specific authorization matters.

Steps to Take Now

A few deliberate steps while you are healthy save your family months of frustration later.

Use the Online Legacy Tools Today

Set up the provider tools on the accounts that matter. They take minutes and sit at the top of the priority order:

Google: Data and privacy settings, then "Make a plan for your account"
Facebook: Settings, then Memorialization Settings, to name a Legacy Contact
Apple: Your name, then Password and Security, then Legacy Contact

Add Explicit Authorization to Your Documents

Ask the attorney who prepares your will, trust, or power of attorney to include a digital assets clause that authorizes your fiduciary to access, manage, and close your digital accounts, and that expressly consents to disclosure of the content of your electronic communications. That consent is what unlocks Tier 2 for email and messages.

Keep an Inventory, Not a List of Passwords

Build a running inventory of your accounts and where the credentials live, and keep it current. Do not put passwords in your will, because a will becomes public record when it is filed with the circuit court. Instead:

Store credentials in a password manager and arrange for your fiduciary to reach the master password
Keep a sealed letter of instruction with your estate documents that lists accounts and how to access them
Reference that separate document in your will rather than pasting the details into the will itself

Secure Cryptocurrency Separately

Crypto is the one asset class that can vanish permanently. Store seed phrases and private keys in a safe or safe deposit box, keep them out of any unsecured digital file, and tell your fiduciary where they are. More on crypto below.

How an Executor Requests Access After Death

When you are the personal representative of an Arkansas estate, RUFADAA gives you a workable path:

Check for an online tool designation first. Look at each provider's legacy, memorialization, or inactive account pages before anything else.
Review the will and any trust. Confirm what digital asset authority the documents grant, and whether they consent to content of communications.
Gather your documentation. Providers generally require a certified copy of your Letters (the circuit court order proving your appointment as personal representative), a certified death certificate, and a written request. Some ask for an affidavit or, for content, a court order.
Submit the request through the provider's official channel and keep records. Providers differ widely: Google's process is functional, Meta is slower, and some small platforms have no process at all. Document every request and response.

If a provider refuses a request that complies with RUFADAA, a probate attorney can help you enforce your rights, and for the content of communications you may need a court order.

Cryptocurrency: Special Care

Cryptocurrency behaves unlike any other digital asset because no company holds it for you. Access depends entirely on the private key, or the seed phrase (a series of words that regenerates the key).

If the person held crypto on an exchange such as Coinbase or Kraken, the exchange controls the keys, and you can work through its estate process much like a financial institution, providing your Letters and the death certificate. If the person used a self-custody wallet, a hardware device or a software wallet, then no key means no access. There is no customer service line and no court order that can recover it.

When settling an estate that may hold crypto, search for a small hardware wallet device, printed or written seed phrases (often 12 or 24 words), files named "wallet," "seed," or "recovery," and any exchange login records. Once you secure access, document the holdings promptly for the inventory, since crypto values swing sharply and the date-of-death value sets both the estate figure and the beneficiary's basis.

Stay Within Authorized Access

One caution runs through all of this. Using a deceased person's stored password to log in, even with good intentions, sits in a legal gray area. Federal law, including the Computer Fraud and Abuse Act and the Stored Communications Act, restricts unauthorized computer and account access, and most providers' terms forbid password sharing. The safer path is the RUFADAA process and the provider's official channels rather than self-help logins. When in doubt, an Arkansas estate attorney can tell you where the line sits.

Frequently Asked Questions

Does my Arkansas executor automatically get into my online accounts?

No. Access depends on the directions you left. If you used an online tool or added digital asset authority to your will, trust, or power of attorney, your executor has a legal basis to request access. Without either, the provider's terms of service control, and many restrict what a fiduciary may see.

Can a provider refuse my fiduciary's request?

A provider can require proper documentation, such as your Letters, a death certificate, and a written request, and can insist on a court order for the content of communications. It cannot lawfully refuse a valid request that complies with Arkansas's RUFADAA.

What happens to cryptocurrency if no one has the private keys?

For a self-custody wallet, it is effectively lost forever. No central authority can recover crypto without the private key or seed phrase, which is why securing and documenting them matters.

Should I put my passwords in my will?

No. A will becomes public record when it is filed with the circuit court. Keep passwords in a password manager or a sealed letter of instruction and reference that separate document in your will.

Sources:

Title: Arkansas Code Title 28, Wills, Estates, and Fiduciary Relationships, Fiduciary Access to Digital Assets subchapter. Publisher: Arkansas General Assembly. Publication Date: Current official code, accessed 2026-07-01. URL: https://www.arkleg.state.ar.us/Home/FTPDocument?path=%2FBills%2F2015R%2FPublic%2FHB1362.pdf
Title: Revised Uniform Fiduciary Access to Digital Assets Act (2015). Publisher: Uniform Law Commission. Publication Date: 2015, accessed 2026-07-01. URL: https://www.uniformlaws.org/committees/community-home?CommunityKey=f7237fc4-74c2-4728-81c6-b39a91ecdf22
Title: Inactive Account Manager. Publisher: Google. Publication Date: Accessed 2026-07-01. URL: https://myaccount.google.com/data-and-privacy
Title: Add a Legacy Contact for a memorialized account. Publisher: Meta (Facebook). Publication Date: Accessed 2026-07-01. URL: https://www.facebook.com/help/1568013990080948

This guide provides general information about digital assets and RUFADAA in Arkansas. Digital asset planning involves legal and technical choices specific to your situation, so consult an Arkansas estate planning attorney for advice on your accounts. It is not legal advice.