Florida Statute 740.01
“Disclosure of digital assets held in trust when trustee is original user”
What it means
When the trustee opened the account — the trustee is the original user — §740.01 is the shortest procedure in the chapter. Unless the court orders or the trust provides otherwise, the custodian shall disclose to the trustee any digital asset of the account held in trust, including the catalog of electronic communications and the content of electronic communications.
No consent record, no certification, no document package: the section lists none. The trustee is the account holder, and the statute confirms the custodian may deal with the trustee as exactly that.
- Applies when the trustee is the account's original user — the account was opened by the trustee, in trust.
- The custodian shall disclose every digital asset of the account — catalog and content included.
- The section imposes no consent showing or document package — unlike §§740.02–740.03 for trustees who are not the original user.
- A court order or the trust instrument itself can still limit disclosure.
How it plays out
Retitling is the whole game here. An account actually opened in the trustee's name gets total access with no paperwork; the identical account left in the settlor's personal name pushes a successor trustee into §§740.02 and 740.03, with certified instruments and perjury certifications. When we administer trusts, the accounts properly moved into the trust during life are the ones that never generate a custodian fight.
Where this shows up
Pages on this site where § 740.01 does real work:
