S 974 Massachusetts Senate · 193rd Legislature (2023-2024)

An Act relative to fiduciary access to digital assets

This bill creates a new chapter in Massachusetts law to clarify how legal representatives, such as executors or trustees, can access a deceased person's digital assets like emails and social media accounts. It establishes that a fiduciary's authority to view these accounts depends on the user's specific instructions, which may be set through a power of attorney, a court order, or an online tool provided by the service. If the user has not left any specific instructions, the law grants the fiduciary the right to access the digital assets without needing the permission of the service provider. The legislation also defines key terms like "digital asset" and "custodian" to ensure consistent application across various online platforms.
Bill status passed 3 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Feb 2023
House Passage
Feb 2023
Governor
Introduced Feb 16, 2023 Last action Feb 8, 2024
Floor votes

How they voted

This bill passed the House. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
4
Key actions
1
Committee
1
Feb 16, 2023
Lower · Passed
House concurred
lower
Feb 16, 2023
Committee
Referred to the committee on The Judiciary
upper
1 primary · 0 co-sponsors

Sponsors