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Utah House approves uniform law to let fiduciaries access digital assets after death or incapacitation
Summary
The House passed First Substitute HB 13 to allow court-appointed fiduciaries to access a deceased or incapacitated person's digital property, citing families blocked by providers; the measure passed 71–0 and moves to the Senate.
SALT LAKE CITY — The Utah House on Monday approved First Substitute House Bill 13, the Uniform Fiduciary Access to Digital Assets Act, to give court-appointed fiduciaries a clear legal path to collect and manage a person’s digital property after death or when they are incapacitated.
Representative Snow, the bill sponsor, told the chamber the law addresses a growing problem in which family members and court-appointed representatives are blocked from critical online accounts, email, photos and other digital records by service providers. "This law allows that fiduciary to collect those digital assets and to protect them," Snow said.
Supporters recounted difficulty obtaining access to accounts after a relative’s death. One member said the single hardest asset in settling an estate was an AOL account that took months to resolve. The sponsor said the bill is based on a model from the Uniform Law Commission and was reviewed with estate-planning attorneys to refine the draft.
The measure specifies that private communications remain private unless a person specifically directs otherwise; otherwise a catalog of communications may be shared with the fiduciary as permitted under the statute. Backers argued the bill balances privacy with the practical need to administer estates and protect assets.
Voting opened and the House passed the bill 71–0. The bill will be transmitted to the Utah Senate for consideration.
What happens next: The House sent the approved substitute to the Senate; no Senate action was recorded in this floor transcript. If the Senate passes the measure, it would be enrolled for the governor’s signature.
