Dear friends,
If you're planning your digital legacy in Maryland, understanding the state's digital will laws and digital executor appointment process is essential for protecting your digital assets and ensuring your final messages reach loved ones. Maryland has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), providing clear legal framework for digital asset access after death.
Maryland's legal framework for digital assets provides clear authority for fiduciaries to access digital property through RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act), adopted in 2023. This means executors, trustees, and agents under power of attorney have specific legal rights to manage your digital estate when properly authorized. Whether you're appointing a digital executor or managing accounts after a loved one's death, Maryland law provides a path forward.
The most important step Maryland residents can take is explicitly authorizing a digital executor in estate planning documents. Maryland allows appointment of a digital executor or fiduciary with specific authority to access digital assets. Under RUFADAA, this authority must be explicitly granted in estate planning documents. Without this clear authorization, family members may face administrative delays accessing everything from email and social media to cloud storage, cryptocurrency, and business accounts. Maryland law recommends proper witnessing and notarization, though notarization is not always mandatory.
Maryland's probate process treats digital assets similarly to physical property, with one crucial difference: most digital accounts are governed by terms of service agreements that restrict or prohibit account sharing. RUFADAA specifically addresses this conflict by allowing fiduciaries to override restrictive terms of service when they have proper legal authorization. This is why creating a comprehensive digital will matters - it provides the legal foundation executors need.
Maryland Revised Uniform Fiduciary Access to Digital Assets Act governs how digital assets pass through probate in Maryland. RUFADAA provisions for fiduciary access State probate code applies to digital assets Privacy laws may restrict certain access Maryland estate planning attorneys recommend creating a comprehensive inventory of digital assets, explicitly granting fiduciary authority in your will or trust, and using a service like DeathNote that complies with Maryland law while providing end-to-end encryption for your posthumous messages.
For Maryland residents, the path forward is clear: document your digital assets, appoint a trusted digital executor with explicit authority, and choose a digital legacy platform that respects both Maryland law and your privacy. DeathNote provides end-to-end encrypted message storage that neither we nor anyone else can access without your explicit permission, combined with proof-of-life verification and delivery systems that comply with Maryland's legal requirements. Your final messages to loved ones are too important to leave to chance or platform policies that may change.