Pennsylvania Digital Assets Law Changes Fiduciary Access Rules

What Happened

Pennsylvania attorneys Cara Pinto and Alison Smith presented insights on the state's Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) at the Pennsylvania Bar Institute's Estate Law Institute on November 13, 2025. The presentation highlighted how this law addresses the growing challenge fiduciaries face when trying to access digital assets during estate administration.

RUFADAA governs how executors, trustees, and agents under powers of attorney can access digital accounts and assets after someone dies or becomes incapacitated. The law covers everything from email accounts and social media profiles to business records, intellectual property, and digital communications that may contain information necessary for proper estate administration.

The attorneys emphasized three critical aspects of Pennsylvania's RUFADAA: the law governs access rather than ownership of digital assets, user choices made through online tools during their lifetime can override instructions in wills or trusts, and terms-of-service agreements with digital platforms still control whether access gets granted at all.

What It Means

For Pennsylvania families, RUFADAA creates a structured pathway for fiduciaries to access digital assets, but it requires careful planning to work effectively. When someone dies with digital assets worth more than $50,000, their executor may need access to online accounts to properly inventory and distribute the estate. Without proper planning, fiduciaries might only receive limited account catalogs rather than full access to digital content.

The law's hierarchy of authority creates potential conflicts between different estate planning documents. If someone uses an online tool provided by a service like Google or Facebook to designate who can access their account, those settings override conflicting instructions in their will or trust. This means Pennsylvania residents need to coordinate their digital account settings with their formal estate planning documents to avoid complications during the typical 9 months to 14 months probate process.

Business owners and creators face particular challenges under RUFADAA. Digital assets like intellectual property, licensing agreements, and e-commerce accounts often generate ongoing income that fiduciaries must manage. Without timely access, estates may lose revenue streams, miss licensing deadlines, or fail to protect valuable digital property. Pennsylvania's 12 months creditor claim period means fiduciaries need quick access to digital records to identify debts and assets.

Context from SimplyTrust

SimplyTrust trusts include comprehensive digital asset provisions under Schedule L that work within RUFADAA's framework. The trust document allows your digital trustee to manage email accounts, social media profiles, cloud storage, and other online accounts with the authority needed to satisfy Pennsylvania's requirements. For accounts with financial value like monetized content or digital storefronts, Schedule L coordinates with your primary trustee to ensure proper management.

Pennsylvania residents can document their digital assets and access preferences in their trust's Special Requests section until the dedicated digital asset management feature launches. This documentation helps ensure RUFADAA works as intended by providing clear instructions that complement online tool settings and satisfy service provider requirements.

Source: What Pennsylvania's RUFADAA means for your digital assets