Chapter 740 — Digital Assets

Florida Statute 740.006

“Disclosure of content of electronic communications of deceased user”

What it means

Section 740.006 governs the content of a deceased user's electronic communications. It applies if the deceased user consented to disclosure or a court directs it. The custodian then shall disclose the content of any electronic communication sent or received by the user to the personal representative, if the personal representative provides the required items.

Required: (1) a written request, physical or electronic; (2) a certified copy of the death certificate; (3) a certified copy of the letters of administration, the order authorizing a curator or administrator ad litem, the order of summary administration under chapter 735, or other court order; (4) unless the user used an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing consent to disclosure of content; and (5) if the custodian requests, an account identifier, evidence linking the account to the user, or a court finding on specified points.

— What it says

Content is disclosed to the personal representative only if the deceased user consented or a court directs disclosure (§ 740.006, introductory paragraph).
The personal representative must give a written request and a certified copy of the death certificate (§ 740.006(1)-(2)).
Also required: certified letters of administration, a curator or administrator ad litem order, a chapter 735 summary administration order, or other court order (§ 740.006(3)).
Unless the user used an online tool, the package includes the will, trust, power of attorney, or other record evidencing consent to disclosure of content (§ 740.006(4)).
On request, the custodian may require an account identifier, evidence linking the account to the user, or a court finding on specified points (§ 740.006(5)).

Text of the statute (2026)

§ 740.006 (introductory paragraph)

If a deceased user consented to or a court directs the disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives to the custodian:

§ 740.006(3)

(3) A certified copy of the letters of administration, the order authorizing a curator or administrator ad litem, the order of summary administration issued pursuant to chapter 735, or other court order;

§ 740.006(4)

(4) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications; and

§ 740.006(5)

(5) If requested by the custodian: (a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account; (b) Evidence linking the account to the user; or (c) A finding by the court that: 1. The user had a specific account with the custodian, identifiable by information specified in paragraph (a); 2. Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. ss. 2701 et seq., 47 U.S.C. s. 222, or other applicable law; 3. Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or 4. Disclosure of the content of electronic communications of the user is reasonably necessary for the administration of the estate.

Excerpts are the subsections the summary relies on. Read the full official text of § 740.006.

History. s. 7, ch. 2016-46.

— In a Florida probate

How it applies

Consent or a court direction is the condition for content. Consent can come from an online-tool direction or from a will, trust, power of attorney, or other record (§ 740.006(4)), and a court may also direct disclosure. A personal representative who has a written request, a death certificate, and letters or an equivalent order, but no consent record or court direction, is within § 740.007 (catalog and other non-content assets) rather than this section. A custodian may further ask for an account identifier, linking evidence, or a court finding under § 740.006(5).

Where this shows up

Pages on this site where § 740.006 does real work:

Related sections

§ 740.003User direction for disclosure of digital assets § 740.005Procedure for disclosing digital assets § 740.007Disclosure of other digital assets of deceased user § 740.06Custodian compliance and immunity § 735.201Summary administration; nature of proceedings

Questions people ask

Can a Florida personal representative read the decedent's emails?

Only if the deceased user consented or a court directs disclosure (Fla. Stat. 740.006). The request must include a certified death certificate, certified letters or an equivalent order, and, unless an online tool was used, a record evidencing consent. Without consent, 740.007 reaches the catalog and other digital assets, but not content.

Sources

Fla. Stat. § 740.006 (2026), Online Sunshine / Florida Senate (If a deceased user consented to or a court directs the disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative.)
Fla. Stat. § 740.007 (2026) (Catalog and non-content assets of a deceased user.)
Fla. Stat. § 735.201 (2026) (Order of summary administration referenced in § 740.006(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 § 740.006

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