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H 1855

An Act for uniform fiduciary access to digital assets

194th Legislature (2025-2026) Introduced by Jay Livingstone

H 1855 grants fiduciaries legal access to manage digital assets of deceased or incapacitated individuals, clarifying procedures currently ambiguous under Massachusetts law.

Accompanied a new draft, see H4639
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Bill Summary · H 1855

Legislative bill overview

H 1855 establishes uniform legal procedures enabling fiduciaries (executors, guardians, trustees, powers of attorney) to access and manage the digital assets of deceased or incapacitated individuals. The bill addresses the current legal ambiguity where fiduciaries often cannot access email accounts, social media profiles, cryptocurrency, and other digital property despite having authority over traditional estates. This aligns Massachusetts with the Uniform Fiduciary Access to Digital Assets Act, a model law adopted by multiple states.

Why is this important

Digital assets now represent significant portions of personal wealth and identity—from financial accounts and cryptocurrency to irreplaceable photos and communications. Without clear legal access, families face practical hardship settling estates, while digital service providers face uncertainty about whom to trust with account access. This bill clarifies responsibilities and reduces litigation between fiduciaries and tech companies.

Potential points of contention

  • Privacy vs. access: Balancing fiduciaries' legal authority against deceased users' privacy expectations and terms-of-service agreements with platforms
  • Tech company compliance: Whether service providers will be adequately protected from liability or face excessive burdens authenticating fiduciary claims
  • Digital asset classification: Defining what counts as "digital assets" (cryptocurrency? social media accounts? cloud storage?) and whether inheritance tax implications are addressed
  • Uniform law coordination: How Massachusetts's version aligns with federal law and other states' implementations, especially for cross-border digital assets

Compiled from official sources — confirm details with the bill’s official record.

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