RUFADAA — the Revised Uniform Fiduciary Access to Digital Assets Act — is the most important piece of digital estate law most families have never heard of. Enacted in 47 US states, it gives appointed executors and other fiduciaries the legal right to access a deceased person's digital assets. Understanding it can be the difference between successfully administering a digital estate and running into platform walls at every turn.
What RUFADAA Does in Plain Language
Before RUFADAA, executors had clear authority to open the deceased's mail, access their bank accounts, and manage their physical property — but platforms like Google, Facebook, and Apple could legally refuse access to digital accounts, citing their terms of service and user privacy protections.
RUFADAA changed this by establishing that executors have fiduciary authority over digital assets — the same authority they have over physical assets. It created a legal framework that platforms must comply with when presented with proper executor documentation.
What RUFADAA Covers
- Electronic communications — email, text messages, and other digital communications
- Digital assets with financial value — cryptocurrency, PayPal balances, stored value
- Online accounts — social media, cloud storage, subscriptions
- Digital files — photos, documents, videos stored in cloud services
- Business digital assets — domains, websites, online business accounts
What RUFADAA Does Not Cover
- Content that the user explicitly restricted in their account settings or a digital will — user instructions override fiduciary access
- Assets subject to federal laws that supersede state law
- Physical devices — RUFADAA covers digital accounts, not the devices themselves
The Hierarchy of Authority Under RUFADAA
RUFADAA establishes a priority order for how digital assets are handled:
- The user's own instructions — through platform tools (like Facebook's Legacy Contact) or a digital will that specifies wishes for digital assets
- A traditional will or trust — that specifically addresses digital assets
- Default state law (RUFADAA) — applies when no specific instructions exist
This is why creating a digital will or using platform legacy tools while alive is so valuable — it gives the person control over their digital estate even after death.
Which States Have Adopted RUFADAA?
As of 2026, 47 US states have adopted RUFADAA or substantially similar legislation. The three states that have not adopted RUFADAA still provide some protections under other estate laws, but the process may be less clear. If you are administering an estate in one of the non-adopting states, consulting an estate attorney is particularly important.
How to Invoke RUFADAA
Invoking RUFADAA authority requires presenting proper executor documentation to each platform. This typically means:
- A certified copy of your Letters Testamentary (proving executor appointment)
- A certified death certificate
- A written request specifically invoking your fiduciary authority under applicable state law
- Your government-issued ID
The specific language and format of the request matters — platforms have legal teams that review these requests and may reject improperly formatted submissions. Vera Legacy's executor letters are drafted to properly assert RUFADAA authority in every applicable state.
Need RUFADAA-compliant executor letters prepared?
Every Vera Legacy package includes properly drafted executor authorization letters that assert your legal rights under applicable state digital asset laws.
See Packages From $147 →A Note on Legal Advice
Vera Legacy is a document preparation service, not a law firm. This guide is informational and not legal advice. For complex digital estate matters — particularly those involving significant assets, contested estates, or unusual circumstances — consult a licensed estate attorney in your state. Many estate attorneys are now familiar with RUFADAA and can provide specific guidance for your situation.