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Chapter 740 — Digital Assets

Florida Statute 740.08

“Applicability”

What it means

Section 740.08 sets the chapter's reach. Chapter 740 applies to a custodian if the user resides in this state or resided in this state at the time of the user's death (subsection (2)).

Subject to subsection (3), it applies to a fiduciary acting under a will, trust, or power of attorney executed before, on, or after July 1, 2016; a personal representative acting for a decedent who died before, on, or after that date; a guardian appointed through a guardianship proceeding pending or commenced before, on, or after that date; and a trustee acting under a trust created before, on, or after that date. The chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.

— What it says
  • The chapter applies to a custodian if the user resides in Florida or resided in Florida at the time of the user's death (§ 740.08(2)).
  • It applies to fiduciaries acting under a will, trust, or power of attorney executed before, on, or after July 1, 2016 (§ 740.08(1)(a)).
  • It applies to a personal representative for a decedent who died before, on, or after July 1, 2016 (§ 740.08(1)(b)).
  • It applies to guardianships and trusts whether commenced or created before, on, or after July 1, 2016 (§ 740.08(1)(c)-(d)).
  • It does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business (§ 740.08(3)).

Text of the statute (2026)

§ 740.08(1)
(1) Subject to subsection (3), this chapter applies to: (a) A fiduciary acting under a will, trust, or power of attorney executed before, on, or after July 1, 2016; (b) A personal representative acting for a decedent who died before, on, or after July 1, 2016; (c) A guardian appointed through a guardianship proceeding, whether pending in a court or commenced before, on, or after July 1, 2016; and (d) A trustee acting under a trust created before, on, or after July 1, 2016.
§ 740.08(2)
(2) This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user’s death.
§ 740.08(3)
(3) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.

Excerpts are the subsections the summary relies on. Read the full official text of § 740.08.

History. s. 18, ch. 2016-46.

— In a Florida probate

How it applies

Under § 740.08(2) the test is the user's residence, in Florida now or at death. The date language in § 740.08(1) means a will, trust, or power of attorney executed, or a death occurring, before July 1, 2016 does not take the matter outside the chapter. The employer exclusion in § 740.08(3) means a digital asset of an employer that an employee uses in the ordinary course of the employer's business is not reached by a request under this chapter.

Sources

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 § 740.08

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

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