MA H1855

Creates Chapter 201G establishing the Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act, giving fiduciaries (personal representatives, trustees, conservators, and agents under power of attorney) legal authority to access and manage a person's digital assets including email, social media accounts, and other electronic records

Establishes a three-tier priority system for user direction: online tool designations (like Google's Inactive Account Manager) take precedence, followed by provisions in wills, trusts, or powers of attorney, which override terms-of-service agreements that lack affirmative user consent

Requires custodians (companies holding digital assets) to comply with fiduciary disclosure requests within 60 days upon receiving proper documentation such as death certificates, court orders, or letters of appointment, and provides custodians immunity from liability for good faith compliance

Distinguishes between access to content of electronic communications (requiring explicit user consent or court order) and access to catalogues/metadata of communications and other digital assets (available by default unless user prohibited disclosure)

Applies to fiduciaries acting under documents executed before, on, or after the effective date, covers users residing in Massachusetts, excludes employer digital assets used by employees, and takes effect one year after passage