Virginia RUFADAA Law
Verified against the official Va. Code §§64.2-116 to 64.2-132 text:
How Article 3.1 of Title 64.2 governs personal representative, agent, trustee, conservator, and guardian access to a Virginian's online accounts.
Quick answer
Virginia governs fiduciary access to digital assets through Article 3.1 of Chapter 1 of Title 64.2 of the Code of Virginia, enacted by Acts of Assembly 2017, chapters 33 and 80, which also repealed the state's earlier Privacy Expectation Afterlife and Choices Act. A personal representative can act on a letter of appointment, a Small Estate Act affidavit, or a court order, and obtains message content only with the user's consent. Under §64.2-118, an online-tool direction overrides a contrary will, trust, or power of attorney, and custodians must comply within 60 days (§64.2-130).
Virginia digital asset law at a glance
- Statute
- Code of Virginia, Title 64.2, Chapter 1, Article 3.1 (§§64.2-116 to 64.2-132)
- Enacted
- Acts of Assembly 2017, chapters 33 and 80; replaced the earlier Article 3, the Privacy Expectation Afterlife and Choices Act (§§64.2-109 to 64.2-115)
- Applies to
- Wills, powers of attorney, conservatorship and guardianship proceedings, and trusts before, on, or after July 1, 2017, for users who live or lived in Virginia (§64.2-117)
- Fiduciaries covered
- Personal representatives, conservators, guardians, agents, and trustees (§64.2-116)
- Online-tool priority
- §64.2-118
- Court
- The circuit court for the county or city with jurisdiction over the fiduciary (§64.2-116)
- Custodian deadline
- 60 days after receiving the required information (§64.2-130)
- Small-estate route
- Small-estate affidavit under the Virginia Small Estate Act (§64.2-600 et seq.) accepted (§§64.2-121, 64.2-122)
What makes Virginia’s law different
It replaced an earlier Virginia law
Virginia first had its own statute, the Privacy Expectation Afterlife and Choices Act, codified as Article 3 of the same chapter (§§64.2-109 to 64.2-115). Acts of Assembly 2017, chapters 33 and 80, repealed it and enacted the uniform act as Article 3.1. Commentary written before 2017 describes the older law, not today's rules.
The Small Estate Act is built in
Virginia defines a personal representative to include a designated or successor representative under the Virginia Small Estate Act (§64.2-600 et seq.), and §§64.2-121 and 64.2-122 accept a small-estate affidavit in place of a letter of appointment or court order. Smaller Virginia estates can therefore make a statutory request without a full qualification.
Conservators and guardians have separate Virginia definitions, one section
A conservator manages the estate of a living individual. A guardian is a person the court appoints to manage the person of an adult under Chapter 20 (§64.2-2000 et seq.) or the estate of a minor under Chapter 17 (§64.2-1700 et seq.). Section 64.2-128 covers both: after a hearing under Chapter 20, the court may grant access, and the custodian discloses the catalogue and non-content assets on a certified court order.
Virginia's computer-crime law is named
A fiduciary acting within the scope of their duties is an authorized user for purposes of Virginia's computer-fraud and unauthorized-access laws, expressly including Article 7.1 of Chapter 5 of Title 18.2 (§18.2-152.1 et seq.) (§64.2-129).
What a Virginia personal representative must give the custodian
After a death, Va. Code §§64.2-116 to 64.2-132 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 (§64.2-121)
- A written request for disclosure, in physical or electronic form
- A certified copy of the death certificate
- A certified copy of the letter of appointment, a small-estate affidavit, or a court order
- 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 (§64.2-122)
- A written request, a certified death certificate, and a certified letter of appointment, small-estate affidavit, or court order
- If the custodian asks: an account identifier, evidence linking the account to the user, an affidavit that disclosure is reasonably necessary for estate administration, 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 Virginia
Agent under a power of attorney (§§64.2-123–64.2-124)
Virginia's definition of agent includes original, co-, successor, and delegated agents. Message content requires a power of attorney that expressly grants authority over electronic communications, and the agent certifies 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 (§§64.2-125–64.2-127)
A trustee that is the original user receives the account's digital assets held in trust, including content. A trustee that is not the original user provides the trust instrument or a certification of trust under §64.2-804, plus a sworn certification that the trust exists and the trustee is acting.
Conservator or guardian (§64.2-128)
The catalogue and non-content assets only, on a certified court order after a hearing under Chapter 20. A conservator with general authority over assets, or a guardian with specific court-granted authority, may ask the custodian to suspend or terminate the account for good cause, with a certified court order.
Can an online account setting override a Virginia will?
Yes, within limits. Va. Code §64.2-118 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 Va. Code §§64.2-116 to 64.2-132 is organized
| Section | Subject |
|---|---|
| §64.2-116 | Definitions |
| §64.2-117 | Applicability |
| §64.2-118 | User direction for disclosure of digital assets |
| §64.2-119 | Terms-of-service agreement |
| §64.2-120 | Procedure for disclosing digital assets |
| §64.2-121 | Content of electronic communications of deceased user |
| §64.2-122 | Other digital assets of deceased user |
| §64.2-123 | Content of electronic communications of principal |
| §64.2-124 | Other digital assets of principal |
| §64.2-125 | Digital assets held in trust when trustee is original user |
| §64.2-126 | Content held in trust when trustee is not original user |
| §64.2-127 | Other digital assets held in trust when trustee is not original user |
| §64.2-128 | Digital assets of a protected person (conservator or guardian) |
| §64.2-129 | Fiduciary duty and authority |
| §64.2-130 | Custodian compliance and immunity |
| §64.2-131 | Uniformity of application and construction |
| §64.2-132 | Relation to E-SIGN Act |
Virginia RUFADAA questions
Through Acts of Assembly 2017, chapters 33 and 80, which enacted Article 3.1 of Chapter 1 of Title 64.2 and repealed the earlier Privacy Expectation Afterlife and Choices Act. It applies to instruments and proceedings before, on, or after July 1, 2017 (§64.2-117).
Yes. Sections 64.2-121 and 64.2-122 accept a small-estate affidavit, and Virginia's definition of personal representative includes a designated or successor representative under the Virginia Small Estate Act.
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 (§64.2-121). The catalogue of correspondents and dates is available without that consent (§64.2-122).
The circuit court for the county or city with jurisdiction over the fiduciary. A custodian has 60 days to comply, and an order compelling compliance must find it does not violate 18 U.S.C. §2702 (§64.2-130).
A conservator manages the estate of a living individual. A guardian manages the person of an adult under Chapter 20 or the estate of a minor under Chapter 17. Section 64.2-128 gives either one access only through a court order after a hearing.
Yes, under §64.2-118, if the tool lets the user modify or delete the direction at all times. It also overrides a conflicting terms-of-service clause that did not require a separate affirmative act.
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
Online-tool provision: Va. Code §64.2-118.
Where Vesperly fits
Va. Code §§64.2-116 to 64.2-132 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.