Wyoming Digital Assets After Death

Wyoming does not hand a personal representative the keys to a deceased person's online accounts. Its Uniform Fiduciary Access to Digital Assets Act, W.S. 2-3-1001 through 2-3-1017, ranks the account holder's own choices first: a direction in the provider's online tool, then a direction in a will, trust or power of attorney, then the terms of service. The content of emails and messages opens only with the person's consent or a court order. Other records, including the list of who the person wrote to, open on a written request backed by a certified death certificate and a certified copy of the court order appointing the personal representative, and the provider has 60 days to comply.

The act took effect July 1, 2016, through Senate File 34 (Session Laws 2016, chapter 39). This guide covers fiduciary access to online accounts after death: who ranks first, what a personal representative can and cannot get, the paperwork a provider may ask for, the 60-day clock, and what to set up now. It does not cover Wyoming's separate laws on digital assets as property, such as cryptocurrency custody, which sit elsewhere in the code. For the rest of the job after a death, see the personal representative's authority.

Defined Terms in Wyoming's Fiduciary Access Act

The act's rules turn on a few defined words in W.S. 2-3-1002.

• 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 record of the account is.
• Custodian means a person that carries, maintains, processes, receives or stores a user's digital asset through the internet. Email providers, social networks, cloud storage and photo services all fit.
• User means a person with an account at a custodian.
• Fiduciary means a personal representative, trustee, executor, administrator, guardian, agent, conservator or a person doing much the same job, as long as that person is authorized to act for the user's digital assets or estate.
• Content of electronic communications means the substance of a message the user sent or received, held by a provider serving the public, and not readily accessible to the public.
• Catalogue of electronic communications means who the user communicated with, that person's electronic address, and the time and date. It is the envelope, not the letter.
• Online tool means a service the custodian offers, under an agreement separate from the terms of service, where the user can direct disclosure or nondisclosure of digital assets to a third person.

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

Under W.S. 2-3-1003, the act reaches custodians of a user who lived in Wyoming, or lived there at death. It applies to a personal representative whether the death came before or after July 1, 2016. It does not cover an employer's digital assets that an employee used in the ordinary course of the employer's business, so a work email account stays with the employer.

Who Decides Fiduciary Access After Death

W.S. 2-3-1004 ranks three sources of instruction.

1. The online tool. A user may use a 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 at all times lets the user modify or delete that direction, it overrides a contrary direction in a will, trust, power of attorney or other like record.
2. A will, trust, power of attorney or other like record. If the user never used an online tool, or the custodian does not offer one, the user may allow or forbid disclosure to a fiduciary in one of those documents.
3. The terms of service. Where the user gave no direction under 2-3-1004, W.S. 2-3-1005(c) lets a terms of service agreement, federal law or the user modify or eliminate a fiduciary's access.

W.S. 2-3-1004(c) adds a tiebreaker in the user's favor. A direction given in the tool or in a document overrides a contrary term of service unless that term required the user to act affirmatively and separately from accepting the agreement. Clicking "I agree" at sign-up does not beat a later written instruction.

The ranking decides real cases. Say a user switched on a provider's inactive-account feature years ago and named a sister as the contact, then signed a will leaving everything to a son. For that account, the sister named in the tool controls.

W.S. 2-3-1005 also sets a 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

Wyoming treats two kinds of request differently.

Message content: consent or a court order

W.S. 2-3-1007 requires a custodian to disclose the content of the deceased user's emails, texts and direct messages to the personal representative only if the user directed disclosure under 2-3-1004 or a court directs it. On one of those grounds, the personal representative provides:

1. a request for disclosure in written or electronic form;
2. a certified copy of the death certificate;
3. a certified copy of the court order appointing the personal representative;
4. unless the user gave the direction in an online tool, a copy of the will, trust, power of attorney or other like record showing the user consented to disclosure of message content; and
5. if the custodian asks, an account number, username or address, evidence linking the account to the user, or a finding by a circuit court or other court of competent jurisdiction. That finding can cover whether the user had the account, whether disclosure would violate the Stored Communications Act, 47 U.S.C. 222 or other law, whether the user consented (unless an online tool was used), or whether disclosure is reasonably necessary to administer the estate.

The takeaway: a will that says nothing about electronic communications leaves a court order as the only route to message content.

Everything else: on request, unless the user said no

W.S. 2-3-1008 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 a court order or the user's own direction says otherwise, the custodian must disclose to the personal representative who provides a written or electronic request, a certified death certificate and a certified copy of the court order appointing the personal representative.

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 W.S. 2-3-1006, the custodian chooses the method: full access to the account, partial access enough 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. It may charge a reasonable administrative fee. It does not have to produce anything the user deleted. It may refuse a request for some but not all assets when separating them would be an undue burden, and then either side may ask the circuit court or other court of competent jurisdiction to order disclosure of a date-limited subset, everything, nothing, or everything to the court for private review.

The Wyoming Detail: The Appointment Order and the Circuit Court

Two features set Wyoming's version apart from what many national articles describe.

The request rests on a court appointment. Both disclosure sections for a deceased user, 2-3-1007(a)(iii) and 2-3-1008(a)(iii), ask for "a certified copy of the court order appointing the personal representative." Neither names the affidavit for distribution that the Wyoming small estate affidavit uses under W.S. 2-1-201. So a family that collects bank accounts and belongings by affidavit, with no personal representative appointed, has no request form in this act that fits their paperwork. Their options are the user's own online-tool direction, a court order, or opening a probate to get an appointment.

Enforcement runs through the circuit court. Every court reference in the act says "circuit court or other court of competent jurisdiction," and W.S. 5-9-128(e) gives Wyoming's circuit courts jurisdiction to enforce and make findings under the act, including findings on compliance with federal law. The same 2016 act added that subsection. Probate itself is a district court matter, so the appointment comes from the district court clerk for your county, listed on Wyoming district courts by county, while a digital-assets order can come from the circuit court.

Devices, Crypto and Accounts No Provider Holds

W.S. 2-3-1015 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 apply to a decedent's tangible personal property apply to digital assets.
• Limits. Authority is subject to the terms of service unless the user directed otherwise, to other law, and to the scope of the fiduciary's duties. It shall 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 the decedent's tangible personal property has the right to access digital assets the decedent had a right or interest in that no custodian holds and no terms of service govern. Files on a home computer and a self-custody crypto wallet fall here.
• The devices themselves. That same fiduciary has the right to access the property and any digital asset stored in it.
• Computer laws. A fiduciary acting within its duties is an authorized user for computer fraud and unauthorized access laws, including Wyoming's computer trespass statute, W.S. 40-25-101.

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 cannot use. Coins held on an exchange are different, because the exchange is a custodian and the 2-3-1008 request applies. Whether the coins themselves are estate property, and how they are valued, is a probate question the fiduciary access act does not answer.

Closing an account

W.S. 2-3-1015(g) lets a fiduciary ask a custodian to terminate the user's account. The request must be in writing or electronic form with a copy of the death certificate, a certified copy of the court order appointing the personal representative or a certified copy of the court order, power of attorney, trust or other authorization 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 (f) lets the custodian share the information needed to close an account used for licensed digital assets such as purchased music or e-books.

The 60-Day Clock

W.S. 2-3-1016 puts a deadline on the custodian. No later than 60 days after it receives the information required under 2-3-1007 through 2-3-1015, it must comply with a request to disclose digital assets or terminate an account. If it does not, the fiduciary may apply to the circuit court or other court of competent jurisdiction for an order directing compliance, and that order must find compliance does not violate 18 U.S.C. 2702.

The same section leaves the provider some room.

• It may tell the user that a request was made.
• It may deny the request if it learns of lawful access to the account after receiving the request.
• It may require a court order that says the account belongs to the person, that there is enough consent to support the disclosure, and that contains any finding other law requires.
• It and its staff are immune from liability for good-faith acts or omissions in complying with the act.

Next steps if you are the personal representative: order certified death certificates, get a certified copy of the district court's appointment order, list every account you can find, and send each provider its own written request. Mark the 60-day date on a calendar for each one.

While You Are Alive: Agents, Trustees and Conservators

The same act governs access by people who act for you during your life.

• Agents under a power of attorney. W.S. 2-3-1009 opens message content only to the extent a power of attorney expressly grants authority over electronic communications. W.S. 2-3-1010 opens the catalogue and other digital assets when that document gives specific authority over digital assets or general authority to act. Either way, the agent certifies under penalty of perjury that the document remains in force. See Wyoming power of attorney rules for the rest of the document.
• Trustees. W.S. 2-3-1011 gives a trustee who opened the account in the trust's name everything in it. A trustee who did not open the account uses 2-3-1012 and 2-3-1013, which call for a certification or affidavit of trust under W.S. 4-10-1014 that includes consent to disclosure of message content.
• Conservators. Under W.S. 2-3-1014, the court may grant a conservator access to a ward's digital assets after an opportunity for a hearing. That order opens the catalogue and other assets, and a conservator with general authority may ask a custodian to suspend or terminate an account for good cause.

Planning for Digital Assets: What To Set Up Now

A short planning session removes the two most common reasons a Wyoming 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 2-3-1004(a), a choice made there outranks your will for that account, so keep it consistent with your documents.
• 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, 2-3-1007 leaves a court order as the only route to message content.
• Give your agent express authority. A power of attorney that never mentions electronic communications does not open message content under 2-3-1009.
• Write down how to reach what no provider holds. The act gives a right of access to devices and self-custody wallets, and a right is worth nothing without the passcode or seed phrase. Store them where your fiduciary can find them.

These choices belong with the rest of your documents. Start with naming a digital fiduciary in your estate plan, and see the rest of a Wyoming plan for keeping other assets out of court.

Related Guides

• Wyoming Executor Duties
• Wyoming Small Estate Affidavit
• Wyoming Power of Attorney
• How to Avoid Probate in Wyoming
• Wyoming Probate Guide
• Wyoming District Courts by County

Sources:

• Title: W.S. 2-3-1001, Uniform Fiduciary Access to Digital Assets Act; short title, through W.S. 2-3-1003, Applicability. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-3-1004, User direction for disclosure of digital assets; and W.S. 2-3-1005, Terms of service agreement. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-3-1006, Procedure for disclosing digital assets. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-3-1007, Disclosure of the content of electronic communications of a deceased user; and W.S. 2-3-1008, Disclosure of other digital assets of a deceased user. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-3-1009 through 2-3-1014, Disclosure to agents, trustees and conservators. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 2-3-1015, Fiduciary duty and authority; and W.S. 2-3-1016, Custodian compliance and immunity. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title02.pdf
• Title: W.S. 5-9-128, Civil jurisdiction (circuit courts). Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title05.pdf
• Title: W.S. 40-25-101, Computer trespass. Publisher: Wyoming State Legislature. Publication Date: May 8, 2026. URL: https://wyoleg.gov/statutes/compress/title40.pdf
• Title: Senate File 34, Uniform Fiduciary Access to Digital Assets Act (Session Laws 2016, chapter 39). Publisher: Wyoming State Legislature. Publication Date: March 4, 2016. URL: https://wyoleg.gov/2016/Enroll/SF0034.pdf
• Title: 18 U.S.C. 2702, Voluntary disclosure of customer communications or records. Publisher: Office of the Law Revision Counsel, U.S. House of Representatives. Publication Date: Not listed. URL: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2702&num=0&edition=prelim

It is not legal advice.