What it means
Chapter 740 — Florida's Fiduciary Access to Digital Assets Act — opens with its vocabulary. A digital asset is an electronic record in which a person has a right or interest — not the underlying asset or liability unless that is itself an electronic record. A custodian is anyone that carries, maintains, processes, receives, or stores a user's digital asset: an email provider, a cloud service, a crypto exchange.
The chapter splits every account into two layers: content — a communication's substance or meaning — and the catalog — who the user communicated with, when, and at what electronic address. An online tool is the custodian's own setting, separate from the terms of service, for directing disclosure.
- Digital asset — an electronic record in which the user has a right or interest; not the underlying asset or liability unless itself an electronic record (§740.002(9)).
- Custodian — a person that carries, maintains, processes, receives, or stores a user's digital asset (§740.002(7)). Email providers, cloud services, and exchanges qualify.
- Catalog of electronic communications — who the user communicated with, the time and date, and the person's electronic address (§740.002(4)). Metadata, not message text.
- Content of an electronic communication — the substance or meaning of a message that is not readily accessible to the public (§740.002(5)).
- Online tool — a custodian's service, in an agreement distinct from the terms of service, for directing disclosure or nondisclosure to a third person (§740.002(16)).
- Fiduciary — an original, additional, or successor personal representative, guardian, agent, or trustee (§740.002(13)).
How it plays out
The content-versus-catalog line in these definitions decides which request our office files. Catalog requests resolve most estates — they name every bank, broker, and subscription the decedent dealt with. The custodian definition answers the cryptocurrency question the same way every time: an exchange account has a custodian to serve under Chapter 740; a self-custodied wallet has none, and no request under this chapter reaches a private key.
Where this shows up
Pages on this site where § 740.002 does real work:
Questions people ask
