Skip to main content
Montana Digital Assets After Death
Support GuideMontana19 min read

Montana Digital Assets After Death

Montana's digital assets act puts an online tool ahead of your will. Emails need consent or a court order, and a custodian has 60 days to answer.

By Settled Editorial

Montana does not give a personal representative automatic access to the deceased person's online life. Its digital assets law, the Revised Uniform Fiduciary Access to Digital Assets Act at MCA 72-31-401 through 72-31-417, sets a ranked order: what the account holder chose in the provider's own online tool comes first, a direction in a will or other record comes second, and the provider's terms of service fill any gap. The content of emails and messages opens only with the person's consent or a court order. Everything else, including the list of who the person wrote to, opens on a written request backed by letters, a small estate affidavit, or a court order, and the provider has 60 days to answer.

The act took effect through Chapter 286 of the 2017 session laws, and every one of its 17 sections still carries that single 2017 history line in the 2025 Montana Code Annotated, so no later session has changed it. This guide walks through who ranks first, what a personal representative can and cannot get, the paperwork a provider can demand, the 60-day clock, and what to set up now so your family never has to fight for access. For the rest of the job after a death, see the personal representative's authority.

What the Act Calls a Digital Asset

Start with the definitions in MCA 72-31-402, because the act's rules turn on a few defined words.

  • Digital asset means an electronic record in which a person has a right or interest. It does not include an underlying asset or liability unless that asset is itself an electronic record. So the money in a checking account is not a digital asset; the online banking record of it is.
  • Custodian means anyone that carries, maintains, processes, receives or stores a user's digital asset. Email providers, social networks, cloud storage services, photo sites and crypto exchanges all fit.
  • User means a person with an account at a custodian.
  • Fiduciary means a personal representative, conservator, agent under a power of attorney, or trustee, including a successor.
  • Content of an electronic communication means the substance of a message the user sent or received, stored by a provider serving the public, and not readily available to the public.
  • Catalogue of electronic communications means the list of who the user communicated with, the time and date, and the other person's electronic address. It is the envelope, not the letter.
  • Online tool means a service the custodian runs, under an agreement separate from the terms of service, where the user can direct disclosure or nondisclosure of digital assets to a third person.
  • Court means the district court, the same court that handles Montana probate.

The split between content and catalogue does most of the work in this act. Here is why: federal privacy law, the Stored Communications Act at 18 U.S.C. 2702, bars a provider from voluntarily handing over the contents of a customer's messages except in listed situations, one of which is lawful consent. Montana's act builds its request procedure around that federal line.

Who Decides: Online Tool, Then Will, Then Terms of Service

MCA 72-31-403 ranks three sources of instruction.

  1. The online tool. A user may use the custodian's online tool to direct it to disclose some or all digital assets, including message content, to a designated recipient, or to disclose nothing. If the tool lets the user modify or delete that direction at all times, the direction overrides a contrary direction in a will, trust, power of attorney or other record.
  2. A will, trust, power of attorney or other record. If the user never used an online tool, or the custodian does not provide one, the user may allow or prohibit disclosure to a fiduciary in one of those documents.
  3. The terms-of-service agreement. Where the user gave no direction at all, MCA 72-31-404(3) lets the terms of service modify or eliminate a fiduciary's access.

MCA 72-31-403(3) adds a tiebreaker in the user's favor. A direction given through the tool or in a will overrides a terms-of-service clause unless that clause required the user to act affirmatively and separately from clicking to accept the terms. A privacy clause the user agreed to by signing up does not beat a later written instruction.

The order decides real cases. Say a user switched on a provider's inactive-account feature years ago and named a sister as the contact, then wrote a will leaving everything to a son. For that account, the sister named in the tool controls, not the will.

MCA 72-31-404 also sets the ceiling. The act does not change a custodian's or user's rights under the terms of service, and it gives a fiduciary or designated recipient no new or expanded rights beyond those the user held.

What a Personal Representative Can Get After a Death

Montana treats two kinds of request differently.

Message content: consent or a court order

MCA 72-31-406 opens the content of emails, texts and direct messages only if the deceased user consented or a court directs disclosure. When one of those conditions is met, the custodian has to disclose content to the personal representative who gives it:

  1. a written request, on paper or electronically;
  2. a certified copy of the death certificate;
  3. a certified copy of the letter of appointment, a collection of personal property affidavit, or a court order;
  4. unless the user gave the direction through an online tool, a copy of the will, trust, power of attorney or other record showing the user consented to disclosure of message content; and
  5. if the custodian asks, an account identifier such as a user name or address, evidence linking the account to the user, or a court finding. The findings the custodian may ask for are that the user had that account, that disclosure would not violate the federal Stored Communications Act, 47 U.S.C. 222 or other law, that the user consented (unless an online tool was used), or that disclosure is reasonably necessary to administer the estate.

The practical takeaway: a will that says nothing about digital assets gives a personal representative no path to message content except a court order.

Everything else: on request, unless the user said no

MCA 72-31-407 covers the catalogue of communications and every digital asset other than message content, such as stored photos and documents, account records and purchase history. Here the default flips. Unless the user prohibited disclosure or the court directs otherwise, the custodian has to disclose to the personal representative who gives it a written request, a certified death certificate, and a certified copy of the letter of appointment, a collection of personal property affidavit, or a court order.

If the custodian asks, the personal representative also supplies an account identifier, evidence linking the account to the user, an affidavit stating disclosure is reasonably necessary to administer the estate, or a court finding on the account or on that necessity.

How the provider hands it over

Under MCA 72-31-405, the custodian picks the method at its sole discretion: full access to the account, partial access sufficient for the fiduciary's tasks, or a copy of any digital asset the user could have reached on the date the custodian received the request. The same section lets it charge a reasonable administrative fee, excuses it from producing anything the user deleted, and lets it refuse a partial request when separating the assets would be an undue burden. Either side may then ask the court for an order limiting disclosure by date, disclosing everything, disclosing nothing, or sending everything to the judge for review in private.

The Montana Detail: The Small Estate Affidavit Works Here

Every Montana request form in this act accepts a collection of personal property affidavit in place of letters of appointment. You will find that wording in 72-31-406(3), 72-31-407(3), and the account-closing rule at 72-31-414(7)(b).

That affidavit is the one in MCA 72-3-1101. It is available 30 days after the death when the probate estate, less liens and encumbrances, is worth $100,000 or less and nobody has applied to be personal representative. A family that settles a modest estate through the Montana small estate affidavit can use the same sworn document to ask a provider for photos, account records or the catalogue, and to close accounts, without ever opening a probate. Message content still needs the user's consent or a court order under 72-31-406.

Devices, Crypto and Other Assets No Provider Holds

MCA 72-31-414 sets the fiduciary's duties and the limits on its authority.

  • Same duties as for physical property. The duties of care, loyalty and confidentiality that govern a fiduciary's handling of tangible property apply to digital assets.
  • Limits. Authority is subject to the terms of service (except for the custodian's choice of method under 72-31-405), to other law including copyright, and to the scope of the fiduciary's duties. It may not be used to impersonate the user. A personal representative can close an account or download photos; posting as the deceased person is off the table.
  • Assets no custodian holds. A fiduciary with authority over a decedent's property has the right to access any digital asset the decedent had a right or interest in that is not held by a custodian or subject to a terms-of-service agreement. Files on a home computer and a self-custody crypto wallet fall here.
  • The devices themselves. A fiduciary with authority over the decedent's tangible personal property has the right to access that property and any digital asset stored in it.
  • Criminal law. A fiduciary acting within its duties is an authorized user for computer-fraud and unauthorized-access laws, including Montana's unlawful use of a computer statute, MCA 45-6-311.

The right of access does not come with the password. If the deceased person kept coins in a wallet only they could open and never recorded the seed phrase, the statute gives the estate a right it has no practical way to use. Coins held on an exchange are different, because the exchange is a custodian and the ordinary 72-31-407 request applies.

Closing an account

MCA 72-31-414(7) lets a fiduciary ask a custodian to terminate the user's account. The request has to be in writing and come with a certified death certificate, a certified copy of the letter of appointment, a collection of personal property affidavit, a court order, a power of attorney or a trust giving the fiduciary authority over the account, and, if the custodian asks, an account identifier, evidence linking the account to the user, or a court finding that the user had the account. Subsection (6) lets the custodian share information needed to close an account used for licensed digital assets such as purchased music or e-books.

The 60-Day Clock and What a Provider Can Still Do

MCA 72-31-415 puts a deadline on the custodian. No later than 60 days after it receives the information required under 72-31-406 through 72-31-414, it has to comply with a request to disclose digital assets or terminate an account. If it does not, the fiduciary or designated recipient may apply to the district court for an order directing compliance, and that order must contain a finding that compliance does not violate 18 U.S.C. 2702.

The same section keeps some options with the provider.

  • It may notify the user that a request was made.
  • It may deny the request if it learns of lawful access to the account after receiving the fiduciary's request.
  • It may require a court order that confirms the account belongs to the person, confirms there is sufficient consent, and contains any finding other law requires.
  • It and its staff are immune from liability for acts or omissions done in good faith in compliance with the act. That immunity does not reach actions against the state or a political subdivision.

Next steps if you are the personal representative: gather certified death certificates from Montana death certificates, get certified letters from the Clerk of District Court or sign the small estate affidavit, list every account you can find from the mail, the phone and the email inbox, and send each provider a dated written request. Count 60 days from the date the provider received a complete package, not the date you first called.

While You Are Alive: Agents, Trustees and Conservators

The same part of the code governs an agent's access while you are alive.

  • Agents under a power of attorney. MCA 72-31-408 opens message content only to the extent the document expressly grants authority over it. MCA 72-31-409 opens the catalogue and other digital assets to an agent with specific authority over digital assets or general authority to act for the principal. Either request comes with a copy of the document and the agent's certification, under penalty of perjury, that it is still in force.
  • Trustees. MCA 72-31-410 requires a custodian to disclose everything in an account held in trust to a trustee who opened the account, content included, unless the court or the trust says otherwise. A successor trustee who did not open the account needs trust language consenting to disclosure of content under 72-31-411, shown through the trust instrument or a certification of trust under 72-38-1013.
  • Conservators. Under MCA 72-31-413, the court may grant a conservator access to a protected person's digital assets after an opportunity for a hearing under 72-5-408. Even then, the custodian discloses the catalogue and non-content assets, not message content, on a written request with a certified copy of the court order. A conservator with general authority may ask a custodian to suspend or terminate an account for good cause. If you would rather an agent handle this than a court-appointed conservator, see Montana guardianship planning.

Numbering Notes for Montana Readers

National articles cite the uniform act by its own section numbers, and Montana's numbering differs. Montana has 17 sections, 72-31-401 through 72-31-417. The fiduciary-duty and account-closing rules sit together at 72-31-414, the 60-day compliance rule is 72-31-415, the uniformity rule is 72-31-416, and the relationship to the federal Electronic Signatures in Global and National Commerce Act is 72-31-417. When a form letter cites a section number, check it against the Montana code before you send it.

The digital assets act also shares chapter 31 with Montana's power of attorney law, which begins at 72-31-301. The two are separate statutes that happen to sit next to each other.

What To Set Up Now

Planning takes an afternoon and removes the two most common reasons a Montana family hears no.

  • Use each provider's online tool. Many large email, cloud and social media providers offer a legacy contact or inactive-account setting. Under 72-31-403(1), a choice made there outranks your will, so make the two match.
  • Add a content-consent clause. If you want your personal representative to read your email, say so in the will, trust or power of attorney. Without it, 72-31-406 leaves a court order as the only route for accounts where you never used an online tool.
  • Give your agent express authority. A power of attorney that never mentions electronic communications does not open message content under 72-31-408.
  • Write down what no provider holds. List devices, the password manager, and where any seed phrase is stored, and keep the list with your estate papers.

These steps sit alongside the rest of how to avoid probate in Montana, and the Montana probate guide covers the court side when a probate does open.

Frequently Asked Questions

Does a Montana personal representative automatically get into the deceased person's online accounts?

No. MCA 72-31-404(2) says the act gives a fiduciary no new or expanded rights beyond those the user held, and 72-31-403 makes access turn on what the account holder left behind. A direction through the provider's online tool comes first, a direction in a will, trust, power of attorney or other record comes second, and the terms-of-service agreement decides when the user gave neither. Letters of appointment prove who you are. They do not prove the deceased person agreed to let anyone read their messages.

What outranks a Montana will under the digital assets act?

An online tool the account holder actually used. MCA 72-31-403(1) says a direction given through an online tool overrides a contrary direction in a will, trust, power of attorney or other record, as long as the tool lets the user modify or delete the direction at all times. MCA 72-31-402(16) defines an online tool as a service the custodian offers under an agreement distinct from the terms-of-service agreement, so a clause buried in the terms of service does not count.

Can a Montana small estate affidavit get a provider to release account records?

Yes. MCA 72-31-406(3) and 72-31-407(3) accept a certified copy of the letter of appointment, a collection of personal property affidavit, or a court order. That affidavit is the one in MCA 72-3-1101, available 30 days after the death when the probate estate, less liens and encumbrances, is worth $100,000 or less. So a successor who never opened a probate can still ask for the catalogue of messages and other digital assets, and can ask to close an account under 72-31-414(7).

How long does a provider have to answer a Montana fiduciary?

Sixty days. MCA 72-31-415(1) requires a custodian to comply with a request to disclose digital assets or terminate an account no later than 60 days after it receives the information required under 72-31-406 through 72-31-414. If it does not, the fiduciary or designated recipient may apply to the district court for an order directing compliance, and 72-31-415(2) says that order must contain a finding that compliance does not violate 18 U.S.C. 2702.

Can a Montana executor read the deceased person's emails?

Only if the person consented or a court directs it. MCA 72-31-406 opens the content of electronic communications to the personal representative only on one of those two grounds, and unless the user gave the direction through an online tool, the request has to include a copy of the will, trust, power of attorney or other record that shows the consent. The list of who wrote to whom and when, which the act calls the catalogue, comes under 72-31-407 on a lower showing.

Is it a crime for a Montana executor to log into the deceased person's laptop?

Not when the personal representative acts within the scope of that role. MCA 72-31-414(4) makes a fiduciary acting within its duties an authorized user for the computer-fraud laws, naming Montana's unlawful-use-of-a-computer statute, 45-6-311. MCA 72-31-414(5) gives a fiduciary with authority over the decedent's tangible personal property the right to access that property and any digital asset stored in it. The same section says the fiduciary may not use that authority to impersonate the user.

Does Montana's act cover cryptocurrency?

It covers the right of access, and it cannot recover a lost password. MCA 72-31-414(3) gives a fiduciary the right to access a digital asset that is not held by a custodian and not subject to a terms-of-service agreement, which describes a self-custody wallet. Coins held on an exchange are different, because the exchange is a custodian and the ordinary request procedure in 72-31-407 applies to it. Nothing in the statute can rebuild a seed phrase nobody wrote down.

Related Guides

Sources:

It is not legal advice.

Prefer to talk it through? Get a free local attorney match (no obligation).

Settled Estate is not a law firm and does not give legal advice.

Not sure which documents you need?

The free estate planning assessment builds a short document list for your situation.

Take the free estate planning assessment

Information current as of September 27, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Montana can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.

All Montana guides← Back to all articles

More Montana Resources

Explore the rest of the Montana estate planning hub.

The core documents4 pages
Trusts and avoiding probate4 pages
Tools1 page