MA H1968

Creates new Chapter 201G, the "Massachusetts Revised Uniform Fiduciary Access to Digital Assets Act," establishing legal framework for fiduciaries (personal representatives, trustees, agents, conservators) to access a deceased or incapacitated person's digital assets including email accounts

Users can direct disclosure or non-disclosure of digital assets through an online tool provided by custodians or through a will, trust, or power of attorney; the most recent directive controls, and user directions override contrary terms-of-service provisions

Custodians must comply with disclosure requests within 60 days and may charge reasonable administrative fees; they receive immunity from liability for good faith compliance with the law

Fiduciaries may petition the court for access to digital assets when no user direction exists; courts shall grant access unless the fiduciary acts in bad faith or federal law prohibits disclosure

Act takes effect 1 year after passage and applies to Massachusetts residents, including fiduciaries acting under wills, trusts, powers of attorney, and conservatorships created before or after the effective date