Nevada RUFADAA Law
Verified against the official NRS ch. 722 text:
How NRS Chapter 722 lets Nevada personal representatives, agents, trustees, and guardians reach a Nevada resident's online accounts, and what each must hand the custodian.
Quick answer
Nevada governs fiduciary access to digital assets through NRS Chapter 722, enacted by Assembly Bill 239 in 2017 and applying to wills, powers of attorney, guardianships, and trusts before, on, or after October 1, 2017. A personal representative proves authority with a certified copy of the court order appointing them, and can obtain message content only if the user consented or a court directs disclosure. Under NRS 722.310, a direction made in a provider's online tool overrides a contrary will, trust, or power of attorney. Custodians must comply within 60 days (NRS 722.430).
Nevada digital asset law at a glance
- Statute
- Nevada Revised Statutes Chapter 722 (NRS 722.010–722.450)
- Enacted
- Assembly Bill 239 (2017); added to NRS at Statutes of Nevada 2017, p. 154 onward
- Applies to
- Wills, powers of attorney, guardianship proceedings, and trusts before, on, or after October 1, 2017, for users who reside or resided in Nevada (NRS 722.300)
- Fiduciaries covered
- Personal representatives, guardians, agents, and trustees (NRS 722.150)
- Online-tool priority
- NRS 722.310
- Court
- A district court of this State (NRS 722.080)
- Custodian deadline
- 60 days after receiving the required information (NRS 722.430)
- Proof of a personal representative's authority
- A certified copy of the court order appointing the representative (NRS 722.340, 722.350)
What makes Nevada’s law different
A court order is the proof of authority
For both message content (NRS 722.340) and other digital assets (NRS 722.350), a Nevada personal representative gives the custodian a certified copy of the court order appointing the representative, alongside a written request and a certified death certificate. The Nevada text lists no separate letters or small-estate affidavit alternative, so the appointment order is the document to have ready.
Guardianship access runs through three NRS chapters
Under NRS 722.410, a court may grant a guardian access to a protected person's digital assets after an opportunity for a hearing under NRS chapter 159, 159A, or 160. Nevada defines a guardian as a person appointed by a court to manage the estate of a living natural person, and the definition includes a special guardian under NRS 159.026.
Nevada's trust certification statute applies
A trustee that is not the original user of an account can prove the trust with a certified copy of the trust instrument or with a certification of trust under NRS 164.400 to 164.440, which must include the settlor's consent to disclosure of message content (NRS 722.390).
Disputes go to the district court
Nevada defines the court as a district court of this State (NRS 722.080). A fiduciary whose custodian misses the 60-day deadline applies to that court for an order directing compliance, and the order must find that compliance does not violate 18 U.S.C. §2702 (NRS 722.430).
What a Nevada personal representative must give the custodian
After a death, NRS ch. 722 separates two requests: the content of the user’s emails and messages, and everything else, including a catalogue of who the user corresponded with and when. Each has its own document list.
To obtain message content (NRS 722.340)
- A written request for disclosure, in physical or electronic form
- A certified copy of the death certificate
- A certified copy of the court order appointing the personal representative
- Unless the user gave direction through an online tool, a copy of the will, trust, power of attorney, or other record showing the user consented to disclosure of content
- If the custodian asks: an account identifier, evidence linking the account to the user, or a court finding on the account, federal-law compliance, consent, and necessity for estate administration
To obtain the catalogue and other digital assets (NRS 722.350)
- A written request, a certified death certificate, and a certified copy of the court order appointing the representative
- If the custodian asks: an account identifier, evidence linking the account to the user, an affidavit that disclosure is reasonably necessary for administration of the estate, or a court finding
- No consent is needed for the catalogue unless the user prohibited disclosure or the court directs otherwise
Agents, trustees, and guardians in Nevada
Agent under a power of attorney (NRS 722.360–722.370)
Message content requires a power of attorney that expressly grants authority over the content of the principal's electronic communications, plus a certification under penalty of perjury that it is in effect. The catalogue and other assets require specific authority over digital assets or general authority to act for the principal.
Trustee (NRS 722.380–722.400)
A trustee that is the original user receives the account's digital assets held in trust. A trustee that is not the original user provides the trust instrument or an NRS 164.400–164.440 certification of trust, plus a sworn certification that the trust exists and the trustee is currently acting.
Guardian (NRS 722.410)
The catalogue and non-content assets only, on a certified copy of the court order giving the guardian authority over the digital assets. A guardian with general authority over the protected person's assets may ask the custodian to suspend or terminate an account for good cause, with a certified court order.
Can an online account setting override a Nevada will?
Yes, within limits. NRS 722.310 lets a user direct a custodian, through the custodian’s own online tool, to disclose or withhold some or all digital assets. If the tool lets the user change or delete that direction at any time, it overrides a contrary instruction in a will, trust, power of attorney, or other record. Where the user made no such direction, the estate documents control, and either kind of direction overrides a conflicting terms-of-service clause.
How NRS ch. 722 is organized
| Section | Subject |
|---|---|
| §722.010 | Short title |
| §722.020–722.290 | Definitions (including court, fiduciary, guardian, and protected person) |
| §722.300 | Applicability |
| §722.310 | User direction for disclosure of digital assets |
| §722.320 | Terms-of-service agreement |
| §722.330 | Procedure for disclosing digital assets |
| §722.340 | Content of electronic communications of deceased user |
| §722.350 | Other digital assets of deceased user |
| §722.360 | Content of electronic communications of principal |
| §722.370 | Other digital assets of principal |
| §722.380 | Digital assets held in trust when trustee is original user |
| §722.390 | Content held in trust when trustee is not original user |
| §722.400 | Other digital assets held in trust when trustee is not original user |
| §722.410 | Digital assets of a protected person (guardian) |
| §722.420 | Fiduciary duties and authority |
| §722.430 | Custodian compliance and immunity |
| §722.440 | Uniformity of application and construction |
| §722.450 | Relation to E-SIGN Act |
Nevada RUFADAA questions
Nevada enacted NRS Chapter 722 through Assembly Bill 239 in 2017. It applies to wills, powers of attorney, guardianship proceedings, and trusts before, on, or after October 1, 2017 (NRS 722.300).
A written request, a certified death certificate, and a certified copy of the court order appointing the representative. For message content, also a record showing the user's consent unless the user used an online tool (NRS 722.340).
Only if the user consented, through an online tool or in a will, trust, power of attorney, or other record, or a court directs disclosure. Without consent, the catalogue of correspondents and dates is available under NRS 722.350.
A district court of this State. If the custodian does not comply within 60 days, the fiduciary applies there for an order, which must find that compliance does not violate 18 U.S.C. §2702 (NRS 722.430).
A guardian with general authority over the protected person's assets may ask the custodian to suspend or terminate an account for good cause, with a certified court order (NRS 722.410).
Yes, under NRS 722.310, if the tool lets the user modify or delete the direction at all times. A direction made in an online tool also overrides a conflicting terms-of-service clause.
Concepts that apply in every state
Some ideas work the same way under every RUFADAA-style statute: what counts as a digital asset, why the content of private messages is treated differently from a catalogue, what a custodian may hand over, and what these laws do not do (they never guarantee passwords). They are explained once in the RUFADAA overview.
Primary source
Nevada Revised Statutes Chapter 722, Fiduciary Access to Digital Assets (Uniform Act)
Online-tool provision: NRS 722.310.
Where Vesperly fits
NRS ch. 722 decides who may ask a custodian for what. Vesperly handles the practical side: keeping your records encrypted, verifying your executor and the death certificate, and releasing what you chose once those conditions are met. It does not replace the statute, your estate plan, or legal advice.
Other state guides
Educational information only. Not legal advice. Laws, provider procedures, federal requirements, and individual circumstances can change the result in a specific matter. Consult qualified counsel for legal advice.