MA S1110

Creates the Massachusetts Fiduciary Access to Digital Assets Act (Chapter 201G) allowing personal representatives, agents, trustees, and conservators to access a deceased or incapacitated person's digital assets including email, social media accounts, and electronic records

Establishes a priority system for user directions: online tool designations override wills/trusts, which override terms-of-service agreements that lack affirmative user consent

Requires custodians (companies holding digital assets) to comply with fiduciary requests within 60 days and provides immunity for custodians acting in good faith compliance

Contains special provisions for higher education institutional accounts, requiring disclosure to fiduciaries when deceased users were 25 or younger, even without explicit consent documentation

Takes effect 1 year after enactment and applies retroactively to existing wills, trusts, powers of attorney, and conservatorships