Dear friends,
If you're planning your digital legacy in South Carolina, 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. South Carolina has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), providing clear legal framework for digital asset access after death.
South Carolina'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 2021. 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, South Carolina law provides a path forward.
The most important step South Carolina residents can take is explicitly authorizing a digital executor in estate planning documents. South Carolina 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. South Carolina law recommends proper witnessing and notarization, though notarization is not always mandatory.
South Carolina'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.
South Carolina Revised Uniform Fiduciary Access to Digital Assets Act governs how digital assets pass through probate in South Carolina. RUFADAA provisions for fiduciary access State probate code applies to digital assets Privacy laws may restrict certain access South Carolina 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 South Carolina law while providing end-to-end encryption for your posthumous messages.
For South Carolina 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 South Carolina 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 South Carolina's legal requirements. Your final messages to loved ones are too important to leave to chance or platform policies that may change.