Governor Signs Uniform Fiduciary Access to Digital Assets Act

The Uniform Fiduciary Access to Digital Assets Act was signed into law, making it easier for a fiduciary to access and manage a person's digital property and electronic communications. The New Jersey State Bar Association supported the amended bill and worked closely with legislators and stakeholders on amendments to ease access to an incapacitated or deceased persons assets. The bill was sponsored by Assemblyman Louis Greenwald and Senator Patrick Diegnan.

The bill becomes effective on Dec. 12 and involves four types of fiduciaries – executors or administrators of deceased persons' estates; court-appointed guardians of incapacitated persons; agents appointed under powers of attorney; and trustees. While the bill allows fiduciaries to manage digital property, it restricts access to electronic communications unless the original user consented in a will, trust, power of attorney, or other record.