Florida Statute 740.007
“Disclosure of other digital assets of deceased user”
What it means
Section 740.007 covers everything except message content. Unless the user prohibited disclosure or the court directs otherwise, a custodian shall disclose to the personal representative of a deceased user a catalog of electronic communications sent or received by the user, and the user's digital assets other than the content of electronic communications.
The personal representative must give a written request, a certified copy of the death certificate, and a certified copy of the letters of administration, the curator or administrator ad litem order, the chapter 735 order of summary administration, or other court order. If the custodian requests, the personal representative must also give an account identifier, evidence linking the account to the user, an affidavit that disclosure is reasonably necessary for administration of the estate, or a court order making specified findings. The section lists no consent record.
- Unless the user prohibited disclosure or the court directs otherwise, the custodian shall disclose the catalog and non-content digital assets (§ 740.007, introductory paragraph).
- Required: a written request, a certified death certificate, and certified letters or an equivalent court order (§ 740.007(1)-(3)).
- If requested by the custodian: an account identifier, evidence linking the account to the user, an affidavit of reasonable necessity, or a court order with specified findings (§ 740.007(4)).
- The section lists no consent record, unlike a content request under § 740.006(4) (§ 740.007(1)-(4)).
- Content of electronic communications is excluded from this section (§ 740.007, introductory paragraph).
Text of the statute (2026)
Unless a user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets of the user, except the content of electronic communications, if the personal representative gives to the custodian:
(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; and
(4) 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; (c) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for the administration of the estate; or (d) An order of the court finding that: 1. The user had a specific account with the custodian, identifiable by information specified in paragraph (a); or 2. Disclosure of the user’s digital assets is reasonably necessary for the administration of the estate.
Excerpts are the subsections the summary relies on. Read the full official text of § 740.007.
History. s. 8, ch. 2016-46.
How it applies
A request under § 740.007 reaches the catalog, which identifies each person the user communicated with, the time and date, and the electronic address (§ 740.002(4)), and the user's other digital assets except content. The package is a written request, a certified death certificate, and certified letters or an equivalent order, with an identifier, linking evidence, an affidavit, or a court order added if the custodian asks. Whether the user prohibited disclosure is a condition that displaces the custodian's duty under § 740.007.
Where this shows up
Pages on this site where § 740.007 does real work:
- Digital assets after a death in Florida: email, cloud accounts and crypto under chapter 740
- Ajemian v. Yahoo!, Inc.
- The Bruce Willis iTunes story
- The digital assets inventory
- Legacy contacts and memorialisation
- The Florida Fiduciary Access to Digital Assets Act
- Justin Ellsworth
- Matthew Mellon
- Gerald Cotten / QuadrigaCX
- The lost bitcoin problem
Questions people ask
Sources
- Fla. Stat. § 740.007 (2026), Online Sunshine / Florida Senate (A custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications.)
- Fla. Stat. § 740.002 (2026) (Definition of "catalog of electronic communications" in § 740.002(4).)
- Fla. Stat. § 735.201 (2026) (Order of summary administration referenced in § 740.007(3).)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.