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S 1048

An Act relative to access to a decedent's electronic mail accounts

194th Legislature (2025-2026) Introduced by Cynthia Creem

Massachusetts acts to let fiduciaries access a user’s digital assets and emails after death or incapacity, via a new Chapter 201G with custodian-directed disclosures.

Hearing scheduled for 04/22/2025 from 01:00 PM-05:00 PM in A-2
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Bill Summary · S 1048

Summary — S.1048: “An Act relative to access to a decedent’s electronic mail accounts”

Status: Filed as Senate Docket No. 230 (filed 1/9/2025). Presented by Sen. Cynthia Stone Creem. Hearing listed for 04/22/2025 (1:00 PM–5:00 PM, A‑2).
Note: the materials provided included multiple unrelated texts labeled “S 1048” (including an Idaho higher‑education/DEI bill). This summary covers the Massachusetts bill titled the “Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act” (new Chapter 201G), which concerns fiduciary access to digital accounts and electronic communications.

Purpose and intent

To create a statutory framework governing when and how fiduciaries (personal representatives, agents acting under power of attorney, conservators, and trustees) may obtain access to a user’s digital assets and the content of electronic communications after the user’s death or incapacity. The chapter aligns with the policy goal of allowing users to direct disclosure of their digital assets while providing rules for custodians and fiduciaries.

Key provisions

  • Establishes a new Chapter 201G — “Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act.”
  • Definitions: provides detailed statutory definitions for key terms including account, custodian, digital asset, electronic communication, content of an electronic communication, fiduciary, agent, conservator, online tool, designated recipient, personal representative, power of attorney, trustee, user, and record.
  • Applicability:
    • Applies to fiduciaries acting under wills, powers of attorney, conservatorships, and trusts executed before, on, or after the act’s effective date.
    • Applies to custodians if the user resides or resided in Massachusetts at time of death.
    • Excludes employer‑controlled digital assets used in the ordinary course of business.
  • Direction for disclosure:
    • A user may use an online tool provided by a custodian to direct the custodian to disclose or not disclose some or all digital assets (including content of electronic communications).
    • If an online tool allows modification/deletion at any time, a direction made via that tool overrides a contrary prior direction in a will, trust, power of attorney, or other record.
    • The bill permits users to allow or prohibit disclosure in wills, trusts, powers of attorney, or other records (text truncated in provided copy but consistent with RUFADAA structure).
  • Content vs non‑content distinction: “content of an electronic communication” is specifically defined (communications sent/received by the user, stored by certain custodians, and not readily accessible to the public), reflecting special treatment for private message content.

Who is affected

  • Users/account holders (can direct disclosure of their digital assets).
  • Fiduciaries: personal representatives/executors, agents under powers of attorney, conservators, and trustees seeking access to a decedent’s or incapacitated person’s digital assets.
  • Custodians: service providers holding accounts or communications (email providers, cloud storage, social platforms) that must follow lawful directions and court orders.
  • Courts (probate and family court department) — the bill contemplates court involvement for disputes and enforcement.

Procedural/timing notes and caveats

  • The provided draft is partial/truncated in places; additional operational details (court‑order procedures, custodial duties, safe‑harbors, record‑production mechanisms, and immunity provisions commonly found in RUFADAA‑based texts) may appear in the omitted portions.
  • Legislative docket: filed 1/9/2025; hearing scheduled 04/22/2025. Verify subsequent committee actions or amendments for the final enacted language.

If you want, I can (1) extract and summarize the omitted procedural sections if you provide the remainder of the text, or (2) compare this draft to the model Revised Uniform Fiduciary Access to Digital Assets Act to highlight likely remaining provisions (custodian response timing, required disclosures, court‑ordered access, and liability protections).

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

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