Skip to main content
Oregon Digital Assets After Death
Support GuideOregon27 min read

Oregon Digital Assets After Death

ORS chapter 119 is Oregon's digital assets law, effective January 1, 2017. An online tool outranks a will, and a custodian answers within 60 days.

By Settled Editorial

Oregon answers the online accounts question in ORS chapter 119, the Revised Uniform Fiduciary Access to Digital Assets Act, effective January 1, 2017. The chapter ranks a provider's online tool above a will, splits every account into content and catalog, accepts a simple estate affidavit in place of letters, and gives a custodian 60 days to answer a complete request.

This guide walks the Oregon rules in the order a family meets them: where the sections sit and which rule the chapter page leaves out, the ladder at ORS 119.016, the paperwork a personal representative mails a custodian, how the same authority runs through an Oregon power of attorney, what a conservator can reach, and what a custodian may do once the request lands. Read it beside the rest of the fiduciary's job and the Oregon probate guide. Check anything touching your own accounts with a licensed Oregon attorney.

Where ORS Chapter 119 Sits, and the Rule the Chapter Page Leaves Out

Oregon gave this act a whole chapter of its own, and the chapter heading is literally the name of the act: Chapter 119, Revised Uniform Fiduciary Access to Digital Assets Act, 2025 Edition. That placement is why families and even lawyers miss it. Title 12 lists chapter 119 last, after the chapters an executor actually opens: chapter 113 to start the estate, 114 to administer it, 115 for claims, 116 to close it. Someone working forward through those never reaches the digital-asset rules, and searching chapter 114 for the word digital returns nothing at all. Chapter 112 does contain the word twice, but only in ORS 112.820, which lets an attorney destroy a will after retaining a digital copy, so it is not about access to a decedent's accounts either.

The act runs from ORS 119.006 through ORS 119.081, with the short title at ORS 119.086: those sections may be cited as the Revised Uniform Fiduciary Access to Digital Assets Act (2015). Sixteen operative sections, every one of them carrying 2016 c.19 in its history line. That chapter number is Senate Bill 1554, approved by the Governor and filed with the Secretary of State on March 3, 2016, and the signed act prints its own effective date: January 1, 2017.

Three sections have been touched since. ORS 119.021, ORS 119.026 and ORS 119.062 each picked up 2023 c.17, which is Senate Bill 308, approved March 29, 2023 and effective January 1, 2024. That act renamed Oregon's affidavit route from small estate affidavit to simple estate affidavit across the code, and it swapped the words inside these three digital-assets sections while leaving the mechanics alone.

Now the part worth the price of this page. The reach of the act is not printed on the ORS chapter page at all. Section 3 of the 2016 act was never given an ORS number, and the chapter page carries no note reproducing it. Read only the code and you will not find the word employer, the phrase resides in this state, or the words before, on or after anywhere on the page. Read the signed act and section 3 says four things:

  • The act applies to a fiduciary acting under a will or power of attorney executed before, on or after the effective date, so a will signed in 2004 gets the benefit of the 2016 statute.
  • It applies to a personal representative acting for a decedent who died before, on or after that date, and to a conservatorship proceeding commenced before, on or after it.
  • It applies to a trustee acting under a trust created before, on or after that date.
  • It binds a custodian if the user resides in Oregon or resided here at the time of death, and it does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.

That last clause is the one families hit. A work inbox is the employer's question rather than the estate's, and no letter of appointment changes that.

The Priority Ladder in ORS 119.016

ORS 119.016 settles most disputes before they start. Read it as three rungs.

RungWhat controlsOregon text
1The custodian's online toolORS 119.016(1). A direction given through an online tool overrides a contrary direction in a will, trust, power of attorney or other record, so long as the tool lets the user modify or delete the direction at all times
2The will, trust, power of attorney or other recordORS 119.016(2). Applies where the user gave no online-tool direction or the custodian offers no tool
3The terms-of-service agreementThe default where the user said nothing anywhere

Subsection (3) is the sentence that gives planning its weight. A user direction under (1) or (2) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from assent to those terms. One click on an I agree button years ago does not outrank a direction given later.

ORS 119.006(16) defines the online tool as an electronic service the custodian provides, in an agreement distinct from the terms-of-service agreement, that lets the user give directions for disclosure or nondisclosure of digital assets to a third person. The person chosen through that tool is a designated recipient under ORS 119.006(9). Ten minutes in those account settings outranks a paragraph a lawyer drafts, and that is the whole planning lesson of this chapter.

One trap follows from rung one. Because the tool wins, an old setting can quietly defeat a newer will. Review those settings whenever you update documents and treat them as part of planning for your accounts rather than as account housekeeping.

What Oregon Counts as a Digital Asset

ORS 119.006(10) defines a digital asset as an electronic record in which an individual has a right or interest, then narrows it with a sentence worth reading twice: the term does not include an underlying asset or liability unless that asset or liability is itself an electronic record.

That line draws the boundary an estate cares about. Online access to a checking account is a digital asset. The money in the account is not, and it moves through the estate or by beneficiary designation the ordinary way. The same split applies to a brokerage login and the securities behind it. Chapter 119 opens doors and does not retitle property.

ORS 119.071 says the same thing from the other side. Subsection (1) leaves a custodian's and a user's rights under a terms-of-service agreement untouched. Subsection (2) gives a fiduciary or designated recipient no new or expanded rights beyond those the user held. Subsection (3) lets access be cut back by the user, by federal law, or by the terms of service where the user gave no direction under ORS 119.016.

Inside the boundary, the definition is wide:

  • Email, message history and cloud storage
  • Social accounts, photo libraries and video channels
  • Online banking, bill pay and payment apps
  • Exchange accounts, hosted wallets and tokens
  • Domain names, seller accounts and advertising accounts
  • Loyalty balances, gaming accounts and password managers

Content and Catalog Are Two Different Requests

Every request under this chapter is one of two things, and the two carry different burdens. Oregon spells the first one catalog rather than catalogue, so a code search on the second spelling returns nothing.

ORS 119.006(4) defines the catalog of electronic communications as information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of that person. Who, when, and at what address. No words.

ORS 119.006(6) defines the content of an electronic communication as information concerning the substance or meaning of the communication that has been sent or received by a user, is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public, and is not readily accessible to the public. All three parts have to be true, which is why a public post generally falls outside content while a private message falls inside it.

Email is where the split hurts. The inbox holds the password reset links for everything else, and the reset link lives in the message body. A catalog tells a personal representative that the bank wrote on March 3. Only content shows what the bank said.

What an Oregon Personal Representative Sends a Custodian

The two deceased-user sections take the same shape and ask for different proof.

RequestSectionWhat the custodian gets
Catalog and other digital assetsORS 119.026Written request in physical or electronic form, certified copy of the death certificate, and a certified copy of the letter of appointment of the personal representative or a simple estate affidavit or court order
Content of electronic communicationsORS 119.021Everything above, plus a copy of the user's will, trust, power of attorney or other record evidencing consent, unless the user gave direction through an online tool

Both sections then let the custodian ask for more if it wants: an account identifier, evidence linking the account to the user, or a finding by the court. ORS 119.026(4)(c) adds a cheaper option on the catalog side, an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate. ORS 119.021(5)(c) keeps that item inside a court finding instead, as one of four ALTERNATIVE findings the court can make. The subparagraphs run (A), (B), (C) or (D), so a petitioner reaches the content of communications by establishing any one of them, not all of them: the reasonably-necessary finding at (D) stands on its own, and the finding that disclosure would not violate 18 U.S.C. 2701 et seq., 47 U.S.C. 222 or other applicable law at (B) is a separate route rather than an additional hurdle.

ORS 119.026 also carries a default that favors the estate. Unless the user prohibited disclosure of digital assets or the court directs otherwise, the custodian shall disclose the catalog and the non-content assets. Silence does not block that request. Silence blocks the content request.

Price the certified paperwork before you start. The Oregon Health Authority charges a nonrefundable $25.00 record search fee that covers the first certified death certificate by mail or drop box, $28.00 in person once the $3.00 identity authentication fee is added, and $47.50 online after the $7.00 expedite fee and the $15.50 VitalChek vendor fee. Each additional certificate is $25.00 on every channel. There is an Oregon shortcut worth knowing: ORS 432.440 directs the Oregon Health Authority to adopt rules letting a county registrar sell certified copies of a death record within six months of the date of a death that occurred in that county. Acting early can keep the order local. The Oregon probate courts page lists where each county files.

A Simple Estate Affidavit Opens the Same Door

Oregon's request lists carry an option a lot of families never notice. ORS 119.021(3) and ORS 119.026(3) accept a simple estate affidavit or a court order in place of a certified copy of the letter of appointment, and ORS 119.062(7)(b) accepts the same on a request to terminate an account. A successor who never opens a full probate can still make the request.

Two definitions make that work rather than merely permit it. ORS 119.006(18) defines a personal representative as an executor, administrator or special administrator, or a person legally authorized to perform substantially the same functions. ORS 114.545(1)(a) then says the affiant is a fiduciary under a general duty to administer, preserve, settle and distribute the estate. The affidavit route is not a lesser credential inside chapter 119.

The affidavit itself lives at ORS 114.505 to 114.560 and carries its own conditions. ORS 114.510(1)(a) sets two caps that must both hold: no more than $75,000 of the fair market value of the estate attributable to personal property other than manufactured homes, and no more than $200,000 attributable to the combined fair market value of real property and manufactured homes. Those are separate limits rather than one $275,000 figure, so an estate holding $250,000 of cash and no land sits outside the route even though the total falls under the sum. ORS 114.515(3) blocks any filing until 30 days after the death, and ORS 114.515(5) charges the ORS 21.145 simple proceeding filing fee of $124. Work the numbers on the Oregon simple estate affidavit page before you decide whether a full probate is needed at all.

The Court the Act Names Is the Circuit Court

Here is a wrinkle no other state's page will warn you about. ORS 119.006(7) defines court, for the whole of chapter 119, as a circuit court in this state. Every judicial step the act offers runs there: the undue-burden order under ORS 119.011(4), the conservator hearing under ORS 119.056(1), and the compliance order under ORS 119.066(1).

Oregon probate does not always sit in a circuit court. ORS 111.075 vests jurisdiction of all probate matters in the county courts of Gilliam, Grant, Harney, Malheur, Sherman and Wheeler Counties, and in the circuit court for every other county. In those six counties the letters of appointment come from a county court and the simple estate affidavit is filed there.

Nothing in chapter 119 makes that a problem for the paperwork. ORS 119.021(3) asks for a certified copy of the letter of appointment of the personal representative and does not say which court issued it, and ORS 113.125 prints the statutory form those letters follow. The gap shows up only if a custodian ignores you and you need an order. If you were appointed in one of the six county-court counties, ask the circuit court for that county about the motion before you draft it, and say what your appointment is in your first letter to the custodian so the request never gets that far. The letters testamentary page covers the appointment itself.

The Agent's Route Under an Oregon Power of Attorney

An agent under a power of attorney has a parallel pair of sections, and both turn on the wording of the document.

ORS 119.032 releases the content of the principal's electronic communications only to the extent the power of attorney expressly grants the agent authority over that content. ORS 119.036 releases the catalog and the other digital assets where the power of attorney gives the agent specific authority over digital assets or general authority to act on behalf of the principal. Both want a written request, an original or copy of the power of attorney, and a certification by the agent under penalty of perjury that the power of attorney is in effect.

Now the Oregon-specific part. Oregon never enacted the Uniform Power of Attorney Act. The entire financial power of attorney statute is six sections, ORS 127.002 through ORS 127.045, and it prints no statutory form, no list of powers that must be granted expressly, and no agent certification form. So there is no printed initial line to check the way a form state offers, and the express grant ORS 119.032 asks for has to be drafted from scratch every time. One piece of good news travels with that: ORS 127.005(1) makes an Oregon power of attorney durable by default, with no special wording needed, so an agent's authority survives the principal becoming financially incapable.

Chapter 119 defines a power of attorney broadly, at ORS 119.006(19), as a record granting an agent authority to act in the place of a principal, and it defines an agent at ORS 119.006(2) by reference to ORS 127.005 to 127.045. Put the express grant over the content of electronic communications in the document itself.

Trustees Get Three Sections of Their Own

ORS 119.042 handles the simple case. A trustee that is an original user of the account gets every digital asset of that account held in trust, including the catalog of the trustee's electronic communications and the content, unless the court orders otherwise or the trust provides otherwise.

ORS 119.046 covers a trustee who is not an original user asking for content. That trustee sends a written request, a certified copy of the trust instrument or a certification of the trust under ORS 130.860 that includes consent to disclosure of the content of electronic communications to the trustee, and a certification under penalty of perjury that the trust exists and the trustee is currently acting. ORS 119.052 asks for the same package without the consent language for the catalog and the non-content assets.

That phrase, includes consent to disclosure, is the one to carry into drafting. ORS 130.860(2) lists ten items a certification of trust must contain and consent to content disclosure is not among them, so a certification prepared for a bank closing almost never carries it. A successor trustee who hands that document to a custodian has proved the trust and not the consent.

A Conservator, and Not a Guardian

Oregon's fiduciary list is shorter than most readers expect. ORS 119.006(14) defines a fiduciary as an original, additional or successor personal representative, conservator, agent or trustee. A guardian does not appear, and neither does the word guardian anywhere in the chapter.

That tracks Oregon's own vocabulary rather than an oversight. ORS chapter 125 is a protective proceedings chapter in which a guardian looks after the person and a conservator looks after the estate, so the fiduciary who would ever need an account is the conservator. ORS 119.056(1) lets the court grant a conservator access to the digital assets of a protected person after an opportunity for a hearing. Subsection (2) then requires a custodian to disclose the catalog and the non-content assets on a written request plus a certified copy of the court order giving the conservator authority over those digital assets. Subsection (3) lets a conservator with general authority to manage a protected person's assets ask a custodian to suspend or terminate an account for good cause, on the same certified order.

Content is absent from all three subsections, and that absence is the argument for signing documents early. The Oregon guardianship and conservatorship page covers what a protective proceeding costs and how long it takes.

What the Custodian Chooses, and the 60-Day Clock

ORS 119.011 leaves the method to the company. At its sole discretion the custodian may grant full access to the account, grant partial access sufficient to perform the tasks the fiduciary or designated recipient is charged with, or provide a copy in a record of any digital asset the user could have accessed on the date the custodian received the request. It may assess a reasonable administrative charge, it need not disclose an asset the user deleted, and it need not hand-sort a partial request where segregating the assets would impose an undue burden. Where the burden is real, either side may ask the court to order a subset limited by date, everything, nothing, or delivery to the court for review.

ORS 119.066 sets the deadline. A custodian shall comply not later than 60 days after receipt of the information required under ORS 119.021 to 119.062, and a fiduciary or designated recipient who gets no answer may apply to the court for an order directing compliance. That order has to contain a finding that compliance is not in violation of 18 U.S.C. 2702. The custodian may tell the user that a request was made, may still insist on a court order confirming account ownership and consent, and it and its officers, employees and agents get immunity under subsection (6) for anything done in good faith under the chapter.

Subsection (4) is the trap almost nobody reads. A custodian may deny the request where it is aware of any lawful access to the account following receipt of the fiduciary's request. A relative who keeps logging in with the old password after the paperwork went out hands the company a reason to say no. Send the request, then leave the account alone.

Duties Travel With the Assets

ORS 119.062 settles what an Oregon fiduciary owes and what a fiduciary may do.

Subsection (1) carries the duties of care, loyalty and confidentiality across from tangible property to digital property in the same words. Subsection (2) keeps that authority subject to the applicable terms of service except as ORS 119.016 provides, subject to other applicable law including copyright law, limited by the scope of the fiduciary's duties, and closes with a flat prohibition: the authority may not be used to impersonate the user. Knowing the password is a different thing from holding the right to disclosure.

Three subsections open doors nothing else opens. Subsection (3) gives a fiduciary with authority over the property of a decedent, protected person, principal or settlor the right to access any digital asset in which that person has a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. Subsection (5) gives a fiduciary with authority over tangible personal property the right to access that property and any digital asset stored in it. Subsections (4) and (5)(b) make the fiduciary an authorized user for the purpose of computer fraud and unauthorized computer access laws, which is what keeps a lawful search of the decedent's laptop from looking like an offense.

Closing an account has its own paragraph. Subsection (7) wants the termination request in writing, in physical or electronic form, with a certified copy of the death certificate where the user has died, plus the letter of appointment, a simple estate affidavit or court order, a court order, a power of attorney or a trust giving the fiduciary authority over the account. Subsection (6) lets the custodian release account information the fiduciary needs to shut down an account holding licensed digital assets.

Cryptocurrency, and the File That Cannot Be a Will

The ORS 119.062(3) right to reach assets no custodian holds is the reason self-custody crypto belongs in its own plan. No help desk sits behind a hardware wallet and no company can be served with a certified copy. Chapter 119 hands a fiduciary the legal right of access and cannot hand over the seed phrase.

  • Write down what you hold: each exchange account, each wallet, the wallet type, and roughly what it is worth.
  • Keep seed phrases and private keys offline, in a fireproof safe or a safe deposit box, never in an email draft or a photo roll.
  • Say in your will or trust that the fiduciary may manage and sell digital currency, and leave a separate letter of instruction pointing at the storage location.
  • Expect a slow answer from hosted exchanges, which run their own deceased-account procedures on top of the certified paperwork chapter 119 already asks for.

One Oregon rule cuts the other way, and it surprises people who have digitized everything else. ORS 112.235(4) says that as used in that section and in ORS 112.238, writing does not include an electronic record, document or image. Oregon has no electronic will. The act that extended that exclusion to ORS 112.238, the harmless-error section, was Senate Bill 168, approved May 7, 2025 and effective January 1, 2026, and 2025 c.34 section 6(2) applies it to a writing executed before, on or after that date where the decedent dies on or after it. So the harmless-error route cannot rescue a will kept as a file either. Sign paper in front of two witnesses per the Oregon will requirements page, then use the online tool for the accounts.

Set the Online Tool Before Anyone Needs It

  1. Open the online tool settings on the accounts that matter, starting with the email address that receives password resets. A direction there sits on rung one of ORS 119.016.
  2. Write digital authority into your Oregon will, and name the content of electronic communications on purpose so ORS 119.021 is satisfied. Keep passwords out of the will itself, since a filed will becomes a court record.
  3. Put an express grant of authority over the content of electronic communications into the power of attorney, because Oregon prints no statutory form and no list of powers carries the item for you.
  4. If you use a trust, give the trustee the same two grants and put consent to content disclosure into any certification of trust under ORS 130.860 that a successor will hand a custodian.
  5. Build an inventory: platform, username, account type, rough value, and where the credentials live. Store the credentials somewhere secure and point at the location rather than copying the contents.
  6. Tell your fiduciary the inventory exists and how to open it, then review the whole set once a year.

Accounts that never reach a fiduciary are accounts the estate cannot settle, which is the same reasoning behind the nonprobate transfers on the keeping assets out of probate page.

Frequently Asked Questions

Does Oregon have a digital assets law?

Yes. ORS chapter 119 is titled the Revised Uniform Fiduciary Access to Digital Assets Act. The act runs from ORS 119.006 through ORS 119.081, and the short title sits at ORS 119.086. Every operative section carries 2016 c.19 in its history line, which is Senate Bill 1554. The signed act prints its own effective date of January 1, 2017.

Can an Oregon personal representative read the decedent's email?

Only where the user consented or a court directs it. ORS 119.021 releases the content of electronic communications to the personal representative when the deceased user consented through an online tool or in a will, trust, power of attorney or other record, or when the court orders disclosure. Without one of those, ORS 119.026 still opens the catalog of who wrote to whom and when, and it leaves the messages closed.

What does an Oregon personal representative send a custodian?

ORS 119.026 asks for a written request in physical or electronic form, a certified copy of the death certificate, and a certified copy of the letter of appointment of the personal representative or a simple estate affidavit or court order. ORS 119.021 asks for that same package plus proof of consent. Order spare certified death certificates while the estate is opening, because each custodian keeps the copy you send.

Can a simple estate affidavit reach digital accounts in Oregon?

Yes. ORS 119.021(3), ORS 119.026(3) and ORS 119.062(7)(b) all accept a simple estate affidavit in place of a certified copy of the letter of appointment. The affidavit runs under ORS 114.505 to 114.560, cannot be filed until 30 days after the death under ORS 114.515(3), and fits an estate holding no more than $75,000 of personal property other than manufactured homes and no more than $200,000 of real property and manufactured homes combined under ORS 114.510(1)(a).

Does an Oregon power of attorney cover digital assets?

Only where the document says so for content. ORS 119.032 releases the content of electronic communications to an agent to the extent the power of attorney expressly grants authority over that content. ORS 119.036 opens the catalog and the other digital assets on specific authority over digital assets or general authority to act. Oregon prints no statutory form power of attorney, so the wording is the drafter's job on every document.

How long does a custodian have to answer in Oregon?

Sixty days. ORS 119.066(1) says a custodian shall comply not later than 60 days after receipt of the information required under ORS 119.021 to 119.062, and a fiduciary or designated recipient who gets no answer may apply to the court for an order directing compliance. ORS 119.006(7) defines that court as a circuit court in this state.

Can an Oregon guardian get into someone's online accounts?

No, and the word to watch is conservator. ORS 119.006(14) lists a personal representative, conservator, agent and trustee as fiduciaries, and it does not list a guardian. ORS 119.056(1) lets the court grant a conservator access to a protected person's digital assets after an opportunity for a hearing, and subsection (2) opens the catalog and the non-content assets on a certified copy of the order. Content sits outside both.

What happens to cryptocurrency held in a private wallet?

ORS 119.062(3) gives a fiduciary with authority over the property of a decedent, protected person, principal or settlor the right to access any digital asset in which that person has a right or interest and that is not held by a custodian or subject to a terms-of-service agreement. A self-custody wallet falls there. No company holds it, so nobody can be served, and without the seed phrase or the private keys the coins stay out of reach.

Sources:

It is not legal advice.

Prefer to talk it through? Connect with an estate-planning attorney

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 August 25, 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 Oregon can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.