Who Can Access Digital Accounts after Death in Florida?

Section 740.003 sets a priority order. A user may use a provider's online tool to direct whether some or all digital assets are disclosed to a designated recipient. If the tool allows the user to change or delete the direction at all times, that direction overrides a contrary instruction in a will, trust, or power of attorney.

If the user did not use an online tool, or none was offered, the user may allow or prohibit disclosure to a fiduciary in a will, trust, power of attorney, or other record. Either type of direction overrides a contrary term of service that did not require a separate, affirmative act by the user.

Section 740.006 covers the content of a deceased user's electronic communications, such as the body of emails and messages. A custodian discloses that content to the personal representative only if the user consented or a court directs disclosure.

The personal representative must provide a written request, a certified copy of the death certificate, and a copy of the letters of administration or other court order. Unless the user consented through an online tool, a copy of the will, trust, power of attorney, or other record showing consent is also required. The custodian may also ask for account identification or a court finding. The personal representative's role is outlined in the differences between an agent and an executor.