Chapter 740 — Digital Assets

Florida Statute 740.002

“Definitions”

What it means

Chapter 740 — Florida's Fiduciary Access to Digital Assets Act — opens with its vocabulary. A digital asset is an electronic record in which a person has a right or interest — not the underlying asset or liability unless that is itself an electronic record. A custodian is anyone that carries, maintains, processes, receives, or stores a user's digital asset: an email provider, a cloud service, a crypto exchange.

The chapter splits every account into two layers: content — a communication's substance or meaning — and the catalog — who the user communicated with, when, and at what electronic address. An online tool is the custodian's own setting, separate from the terms of service, for directing disclosure.

— What it says

Digital asset — an electronic record in which the user has a right or interest; not the underlying asset or liability unless itself an electronic record (§740.002(9)).
Custodian — a person that carries, maintains, processes, receives, or stores a user's digital asset (§740.002(7)). Email providers, cloud services, and exchanges qualify.
Catalog of electronic communications — who the user communicated with, the time and date, and the person's electronic address (§740.002(4)). Metadata, not message text.
Content of an electronic communication — the substance or meaning of a message that is not readily accessible to the public (§740.002(5)).
Online tool — a custodian's service, in an agreement distinct from the terms of service, for directing disclosure or nondisclosure to a third person (§740.002(16)).
Fiduciary — an original, additional, or successor personal representative, guardian, agent, or trustee (§740.002(13)).

— In a real probate

How it plays out

The content-versus-catalog line in these definitions decides which request our office files. Catalog requests resolve most estates — they name every bank, broker, and subscription the decedent dealt with. The custodian definition answers the cryptocurrency question the same way every time: an exchange account has a custodian to serve under Chapter 740; a self-custodied wallet has none, and no request under this chapter reaches a private key.

Where this shows up

Pages on this site where § 740.002 does real work:

Related sections

§ 740.003User direction for disclosure of digital assets § 740.005Procedure for disclosing digital assets § 740.006Disclosure of content of electronic communications of deceased user § 740.007Disclosure of other digital assets of deceased user § 740.08Applicability

Questions people ask

What counts as a digital asset in Florida?

Any electronic record a person has a right or interest in — email, photos, cloud files, social accounts, exchange-held cryptocurrency. Under Florida Statute 740.002(9), the term excludes the underlying asset or liability — the money itself — unless it is itself an electronic record.

The official text

This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.

Read § 740.002