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SB 143

Parental rights.

2025 Regular Session Introduced by Scott Alexander and 21 co-sponsors

SB 143 allows fiduciaries in Delaware to access and manage digital assets for incapacitated or deceased individuals, ensuring clarity and privacy in digital estate management.

Public Law 101
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Bill Summary · SB 143

Summary of SB 143: Fiduciary Access to Digital Assets and Digital Accounts

Bill Number: SB 143
Title: An Act to Amend Title 12 of the Delaware Code Relating to Fiduciary Access to Digital Assets and Digital Accounts
Status: Signed by Governor
Introduced: May 13, 2025
Classification: Bill

Purpose and Intent

The primary aim of SB 143 is to clarify and enhance the legal framework governing fiduciary access to digital assets and digital accounts in Delaware. As digital assets become increasingly integral to personal and financial affairs, this legislation seeks to ensure that fiduciaries—such as executors, guardians, or agents under a power of attorney—can effectively manage and access these assets on behalf of individuals who are incapacitated or deceased.

Key Provisions

SB 143 introduces several important changes to Title 12 of the Delaware Code, including:

  • Definition of Digital Assets: The bill provides a clear definition of what constitutes digital assets, encompassing online accounts, cryptocurrencies, and other digital properties.

  • Fiduciary Rights: It establishes the rights of fiduciaries to access, manage, and control digital assets, ensuring they can perform their duties without legal ambiguity.

  • User Consent: The bill requires that fiduciaries obtain explicit consent from the account holder for access to digital accounts, aligning with privacy considerations.

  • Account Provider Obligations: Digital account providers are mandated to comply with requests from fiduciaries, provided that the fiduciary can demonstrate their authority through appropriate documentation.

  • Protection of Privacy: The legislation includes provisions to protect the privacy of the deceased or incapacitated individual, ensuring that sensitive information is handled appropriately.

Who is Affected?

This bill impacts several groups, including:

  • Fiduciaries: Executors, guardians, and agents who manage the affairs of individuals who are unable to do so themselves will benefit from clearer access rights.

  • Digital Account Providers: Companies that manage digital assets, such as social media platforms, email services, and financial institutions, will need to adapt their policies and procedures to comply with the new requirements.

  • Individuals with Digital Assets: Residents of Delaware who have digital accounts will have greater assurance that their assets can be managed according to their wishes after their death or incapacitation.

Procedural and Timeline Aspects

  • Introduction Date: The bill was introduced on May 13, 2025, reflecting a growing recognition of the importance of digital assets in estate planning and management.

  • Legislative Process: Following its introduction, SB 143 underwent the standard legislative process, including committee reviews and discussions, before being signed into law by the Governor.

  • Implementation: The bill is now in effect, and stakeholders are encouraged to familiarize themselves with the new provisions to ensure compliance and proper management of digital assets.

Conclusion

SB 143 represents a significant step forward in addressing the complexities associated with digital assets in the context of fiduciary responsibilities. By establishing clear guidelines and protections, the legislation aims to facilitate smoother transitions of digital property management while respecting individual privacy rights.

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

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