What it means
Section 740.05 applies ordinary fiduciary law to digital assets. The duties imposed on a fiduciary managing tangible property, care, loyalty, and confidentiality, apply to digital assets. A fiduciary's or designated recipient's authority is subject to the terms-of-service agreement (except as s. 740.003 provides) and to other law, including copyright law; for a fiduciary it is limited by the scope of the fiduciary's duties; and it may not be used to impersonate the user.
A fiduciary with authority over the tangible personal property of a decedent, ward, principal, or settlor may access the property and any digital asset stored in it, and is an authorized user under computer fraud and unauthorized access laws, including chapter 815. A custodian may disclose account information needed to terminate an account used to access licensed digital assets, and a fiduciary may request termination in writing with the listed documents.
- The duties of care, loyalty, and confidentiality that apply to a fiduciary managing tangible property apply to digital assets (§ 740.05(1)).
- Authority is subject to the terms of service (except as § 740.003 provides) and other law, including copyright, and may not be used to impersonate the user (§ 740.05(2)).
- A fiduciary with authority over tangible personal property may access the property and any digital asset stored in it (§ 740.05(5)(a)).
- A fiduciary acting within the scope of the fiduciary's duties is an authorized user under computer fraud laws, including chapter 815 (§ 740.05(4)).
- A fiduciary may request in writing that a custodian terminate the user's account, with a death certificate if the user is deceased and the document giving authority (§ 740.05(7)).
Text of the statute (2026)
(1) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (a) The duty of care; (b) The duty of loyalty; and (c) The duty of confidentiality.
(2) A fiduciary’s or designated recipient’s authority with respect to a digital asset of a user: (a) Except as otherwise provided in s. 740.003, is subject to the applicable terms-of-service agreement; (b) Is subject to other applicable law, including copyright law; (c) In the case of a fiduciary, is limited by the scope of the fiduciary’s duties; and (d) May not be used to impersonate the user.
(3) A fiduciary with authority over the tangible personal property of a decedent, ward, principal, or settlor has the right to access any digital asset in which the decedent, ward, principal, or settlor had or has a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(4) A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, ward, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including under chapter 815.
(5) A fiduciary with authority over the tangible personal property of a decedent, ward, principal, or settlor: (a) Has the right to access the property and any digital asset stored in it; and (b) Is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including under chapter 815.
(7) A fiduciary of a user may request a custodian to terminate the user’s account. A request for termination must be in writing, in paper or electronic form, and accompanied by: (a) If the user is deceased, a certified copy of the death certificate of the user; (b) 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 the court order, power of attorney, or trust giving the fiduciary authority over the account; and (c) If requested by the custodian: 1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account; 2. Evidence linking the account to the user; or 3. A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph 1.
Excerpts are the subsections the summary relies on. Read the full official text of § 740.05.
History. s. 15, ch. 2016-46.
How it applies
Section 740.05(5) supports a fiduciary who holds tangible personal property such as a computer or phone in accessing digital assets stored on it, and treats the fiduciary as an authorized user for chapter 815 purposes. It does not permit impersonating the user (§ 740.05(2)(d)), and authority is limited by the scope of the fiduciary's duties and by copyright law and other applicable law. Digital assets held by a custodian are reached through the request procedures in this chapter, and § 740.05(7) sets the documents for a written account-termination request.
Where this shows up
Pages on this site where § 740.05 does real work:
- Digital assets after a death in Florida: email, cloud accounts and crypto under chapter 740
- 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
- The password problem
Questions people ask
Sources
- Fla. Stat. § 740.05 (2026), Online Sunshine / Florida Senate (A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, ward, principal, or settlor.)
- Fla. Stat. § 740.003 (2026) (User direction referred to in § 740.05(2)(a).)
- Fla. Stat. § 815.06 (2026) (Offenses against users of computers, chapter 815.)
Last checked: October 17, 2026
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