Does North Dakota recognize digital assets in wills?

Yes, North Dakota law recognizes digital assets as property that can be transferred through estate planning documents. Under RUFADAA, North Dakota provides specific legal frameworks for fiduciary access to digital assets.

How do I appoint a digital executor in North Dakota?

In North Dakota, you can appoint a digital executor by including specific language in your will, trust, or power of attorney that grants authority to access and manage digital assets. RUFADAA requires explicit authorization for each category of digital assets or a general grant of authority.

What digital assets are covered under North Dakota law?

North Dakota law covers all forms of digital assets including email accounts, social media profiles, cloud storage, cryptocurrency, digital photos, documents, domain names, online banking, and any other electronically stored information or accounts. RUFADAA specifically defines and protects fiduciary access to these assets.

Can my family access my accounts without authorization in North Dakota?

No. In North Dakota, federal laws like the Computer Fraud and Abuse Act (CFAA) and Stored Communications Act (SCA) generally prohibit unauthorized access to digital accounts, even by family members. RUFADAA provides a legal pathway for authorized fiduciaries to access accounts when properly designated in estate planning documents. This is why proper digital estate planning is essential.

North Dakota Digital Will Laws & Digital Executor Guide

Dear friends,

If you're planning your digital legacy in North Dakota, 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. North Dakota has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), providing clear legal framework for digital asset access after death.

North Dakota'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 2022. 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, North Dakota law provides a path forward.

The most important step North Dakota residents can take is explicitly authorizing a digital executor in estate planning documents. North Dakota 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. North Dakota law recommends proper witnessing and notarization, though notarization is not always mandatory.

North Dakota'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.

North Dakota Revised Uniform Fiduciary Access to Digital Assets Act governs how digital assets pass through probate in North Dakota. RUFADAA provisions for fiduciary access State probate code applies to digital assets Privacy laws may restrict certain access North Dakota 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 North Dakota law while providing end-to-end encryption for your posthumous messages.

For North Dakota 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 North Dakota 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 North Dakota's legal requirements. Your final messages to loved ones are too important to leave to chance or platform policies that may change.