Chapter 740 — Digital Assets

Florida Statute 740.004

“Terms-of-service agreement preserved”

What it means

Section 740.004 states three limits on Chapter 740. First, the chapter does not change or impair a custodian's or user's right under a terms-of-service agreement to access and use the user's digital assets.

Second, it gives a fiduciary or designated recipient no new or expanded rights other than those held by the user for whom, or for whose estate or trust, the fiduciary or designated recipient acts.

Third, a fiduciary's or designated recipient's access may be modified or eliminated by the user, by federal law, or by a terms-of-service agreement if the user has not provided direction under s. 740.003.

— What it says

The chapter does not change or impair a custodian's or user's rights under a terms-of-service agreement to access and use the user's digital assets (§ 740.004(1)).
A fiduciary or designated recipient receives no new or expanded rights beyond those held by the user (§ 740.004(2)).
Access may be modified or eliminated by the user, by federal law, or by the terms of service if the user gave no direction under § 740.003 (§ 740.004(3)).
If the user gave a direction under § 740.003, the terms-of-service agreement cannot modify or eliminate access under § 740.004(3); § 740.003(3) limits which terms the direction overrides.

Text of the statute (2026)

§ 740.004(1)

(1) This chapter does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use the digital assets of the user.

§ 740.004(2)

(2) This chapter does not give a fiduciary or a designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate or trust, the fiduciary or designated recipient acts or represents.

§ 740.004(3)

(3) A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement if the user has not provided direction under s. 740.003.

Excerpts are the subsections the summary relies on. Read the full official text of § 740.004.

History. s. 5, ch. 2016-46.

— In a Florida probate

How it applies

Under § 740.004(2) a fiduciary has no rights beyond those the user held. Under § 740.004(3) a terms-of-service agreement may modify or eliminate access only where the user gave no § 740.003 direction. A right the user did not have, such as transferring a license the agreement makes nontransferable, is not created by the chapter. Where the user gave a direction under § 740.003, § 740.003(3) limits which contrary terms-of-service provisions it overrides. Federal law may also modify or eliminate access (§ 740.004(3)).

Where this shows up

Pages on this site where § 740.004 does real work:

Related sections

§ 740.003User direction for disclosure of digital assets § 740.005Procedure for disclosing digital assets § 740.06Custodian compliance and immunity § 740.08Applicability

Questions people ask

Does my executor inherit my iTunes, Kindle, or Steam library in Florida?

Chapter 740 does not create that right. Under Florida Statute 740.004(2), a fiduciary gets no new or expanded rights beyond those the user held, so the terms-of-service agreement and any direction under 740.003 determine what a fiduciary can do with a library.

Sources

Fla. Stat. § 740.004 (2026), Online Sunshine / Florida Senate (This chapter does not give a fiduciary or a designated recipient any new or expanded rights.)
Fla. Stat. § 740.003 (2026) (The user direction referred to in § 740.004(3).)

Last checked: October 17, 2026

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 § 740.004

Published by the Probate.Help editorial team.How these pages are written and checked.