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March 10, 2026
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This article is based on insights shared by attorneys Cara Pinto and Alison Smith during their presentation at the Pennsylvania Bar Institute’s Estate Law Institute on November 13, 2025, in Philadelphia, Pa.

Many of today’s most valuable and sensitive assets exist primarily in digital form and may include communications such as emails, digital media such as photos, operational materials such as business records and licensing agreements, and intellectual property. Even access to and information about traditional assets, such as bank, investment, and retirement accounts, may be available only through electronic means. Pennsylvania’s Revised Uniform Fiduciary Access to Digital Assets Act (UFADAA) was enacted to address the growing challenge of fiduciaries’ inability to access digital assets and accounts to obtain information necessary to administer an estate or trust, even though the law’s scope and limits are often misunderstood.

Before diving into the mechanics of this statute, readers should understand a few critical takeaways about Pennsylvania’s RUFADAA:

• RUFADAA governs access, not ownership. It does not determine who owns digital assets or intellectual property.
• User choices made using an “online tool” during life can override a will or trust. An online tool is a separate agreement which allows the user to provide directions for disclosure or nondisclosure to a third party.
• Terms‑of‑service agreements still matter. In some cases, such agreements dictate whether access to a particular account is granted at all.
• Lack of access can complicate or delay estate administration, particularly for business or IP‑heavy estates.
• Awareness and understanding of RUFADAA is essential to a successful estate plan.

RUFADAA solves an access problem, not an ownership problem

At its core, RUFADAA governs whether and how a fiduciary, such as an executor or an agent under a power of attorney, may access a decedent’s digital assets. However, RUFADAA does not determine ownership of those assets.

This distinction is critical. An estate plan may clearly transfer intellectual property and other income‑generating business interests to specific beneficiaries. But if the fiduciary cannot access the digital accounts where those assets reside, estate administration may be delayed or entirely obstructed. RUFADAA attempts to bridge that gap by establishing a statutory path to access, but only under defined circumstances.

It’s important to keep in mind that RUFADAA defines a digital asset as “an electronic record in which an individual has a right or interest.” As a result, RUFADAA also governs access to the electronic communications sent or received by the decedent (such as email), regardless of whether they are related to the decedent’s assets.

How RUFADAA determines who controls digital asset access

Pennsylvania’s RUFADAA places significant weight on decisions an individual makes during life regarding their digital accounts.

If a user affirmatively allows or restricts disclosure of digital assets through an online tool provided by the service provider, that choice generally controls, even if it conflicts with later instructions in a will or trust. If a user does not utilize an online tool, or if the provider does not offer one, then the user may, in their estate planning documents, allow or prohibit disclosure to a fiduciary.

If a user is relying upon estate planning documents to ensure their fiduciaries have access to their digital assets, it is critical that those documents contain sufficient language to give the fiduciary full access to the user’s digital assets. For example, an agent under a power of attorney should be granted authority over the “content of electronic communications sent or received by” the user. Otherwise, the custodian is required only to provide a catalog of the electronic communications if it receives a request from the agent that complies with RUFADAA requirements.

When users do not affirmatively give a direction about disclosure of their digital assets, including electronic communications, a fiduciary’s access may be otherwise limited by federal law or the service provider’s contractual terms.

If a decedent has not expressed a preference through an online tool and their estate planning documents provide no clear instructions, RUFADAA allows service providers to rely on their terms‑of‑service agreements. Those agreements are rarely drafted with estate administration in mind. Many often impose restrictions that can significantly limit or delay fiduciary access. In some cases, fiduciaries may receive only partial access, or a court order may be required for full access.

For example, if a user does not prohibit disclosure of digital assets (and a Court does not direct otherwise), a custodian of digital assets must disclose to the personal representative of the deceased user’s estate a catalog of electronic communications sent or received by the deceased user, but not the content of such electronic communications sent or received by the deceased user.

Why RUFADAA matters for intellectual property and business assets

For estates that involve intellectual property or other business interests, digital access is not merely a convenience. It is often essential to preserving value.

Without timely access, fiduciaries may be unable to:

• Locate and secure original creative works stored in cloud‑based platforms
• Manage or enforce intellectual property registrations
• Maintain websites, branding assets, or monetized digital content
• Process e-commerce transactions on behalf of the decedent’s estate
• Collect royalties or licensing income
• Respond promptly to infringement or misuse

Even where the estate plan clearly incorporates the intellectual property or business interests, delays in digital access can materially impair an estate’s administration.

Planning implications under Pennsylvania’s RUFADAA

RUFADAA was designed to balance privacy concerns with fiduciary needs. It does not override deliberate user decisions or replace careful estate planning. However, it can have unexpected consequences if digital account settings are not aligned with fiduciary authority or estate planning documents are not drafted with RUFADAA in mind.

Digital assets increasingly sit at the crossroads of estate planning, privacy, contract, and intellectual property law. While Pennsylvania’s RUFADAA provides essential tools for fiduciary access, it also introduces planning considerations that are easy to overlook without intentional coordination. Effective estate planning today requires attention not only to who will inherit assets, but also to how fiduciaries will access and manage those assets in an increasingly digital environment.