If you are handling an estate, you may find online financial accounts but lack the passwords to access them. This can delay probate and leave beneficiaries waiting for distributions. Florida law provides ways to request a deceased person’s digital assets.
Why might a custodian deny access?
Your appointment as personal representative gives you legal authority over the estate but not automatic access to every digital account or private message. Online platforms must follow applicable laws, privacy rules and account terms before sharing information.
How do you request access to a deceased person’s online accounts?
Under Florida Statutes Chapter 740, you can request a deceased person’s digital assets from the account custodian, unless the deceased prohibited disclosure or a court directs otherwise.
Your written request generally must include a certified death certificate and certified letters of administration or another qualifying court order. The custodian may also ask for an account identifier, proof linking the account to the deceased or an affidavit.
The custodian may grant full access, limited access or copies of digital assets. Full access is not guaranteed.
When might you need a court order?
Florida law treats digital assets differently from private messages. To access message contents, you generally need the deceased person’s consent or a court order, plus the required documents.
A custodian generally has 60 days to comply after receiving the required information. If it does not, you may ask the court for an order directing compliance. The court order must state that disclosure would not violate the federal Stored Communications Act.
A custodian may also deny a request if, after receiving it, it learns that someone already has lawful access to the account.
How can you document your efforts?
Keep clear records of your access attempts:
- Save copies of your requests and all supporting documents.
- Record responses. Save platform replies, denials and requests for more information.
- Track follow-ups. Note contact dates, methods and any promised next steps.
These records can show the steps you took to manage the estate. They can also help your attorney decide whether further action is needed.
What should you do if missing passwords delay probate?
If an inaccessible account is delaying estate administration, consider consulting a Miami probate attorney. Early legal guidance can help you identify the required documents and decide how to respond if a custodian denies your request. It can also help you assess whether seeking a court order is an appropriate next step.