Dear friends,
If you're planning your digital legacy in New Mexico, understanding the state's digital will laws and digital executor appointment process is essential for protecting your digital assets and ensuring your final messages reach loved ones. New Mexico has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), providing clear legal framework for digital asset access after death.
New Mexico's legal framework for digital assets provides clear authority for fiduciaries to access digital property through RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act), adopted in 2015. This means executors, trustees, and agents under power of attorney have specific legal rights to manage your digital estate when properly authorized. Whether you're appointing a digital executor or managing accounts after a loved one's death, New Mexico law provides a path forward.
The most important step New Mexico residents can take is explicitly authorizing a digital executor in estate planning documents. New Mexico allows appointment of a digital executor or fiduciary with specific authority to access digital assets. Under RUFADAA, this authority must be explicitly granted in estate planning documents. Without this clear authorization, family members may face administrative delays accessing everything from email and social media to cloud storage, cryptocurrency, and business accounts. New Mexico law requires at least two witnesses for a valid will, and notarization is required for certain documents.
New Mexico's probate process treats digital assets similarly to physical property, with one crucial difference: most digital accounts are governed by terms of service agreements that restrict or prohibit account sharing. RUFADAA specifically addresses this conflict by allowing fiduciaries to override restrictive terms of service when they have proper legal authorization. This is why creating a comprehensive digital will matters - it provides the legal foundation executors need.
New Mexico Revised Uniform Fiduciary Access to Digital Assets Act governs how digital assets pass through probate in New Mexico. RUFADAA provisions for fiduciary access State probate code applies to digital assets Privacy laws may restrict certain access New Mexico estate planning attorneys recommend creating a comprehensive inventory of digital assets, explicitly granting fiduciary authority in your will or trust, and using a service like DeathNote that complies with New Mexico law while providing end-to-end encryption for your posthumous messages.
For New Mexico residents, the path forward is clear: document your digital assets, appoint a trusted digital executor with explicit authority, and choose a digital legacy platform that respects both New Mexico law and your privacy. DeathNote provides end-to-end encrypted message storage that neither we nor anyone else can access without your explicit permission, combined with proof-of-life verification and delivery systems that comply with New Mexico's legal requirements. Your final messages to loved ones are too important to leave to chance or platform policies that may change.