Where the in-product designation is enforceable.

The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) is the model law that governs whether a person’s designation of who can access their digital accounts after death is enforceable in court. Most US states have adopted some version of it. Where they have, an in-product designation made through a service’s own “online tool” is given the highest tier of legal weight (often called “tier-1 enforceability”) — higher than a will, higher than a power of attorney. The TellSophie designated-guardian flow is structured to qualify as a tier-1 online tool wherever a state recognizes the form.

Status: opinion in progress. No per-state findings have been published yet.

A 50-state legal opinion is planned before the iOS app launches in Phase 2. Per-state findings will be published on this page as they complete. The harder claim — “legally binding under your state’s law” — only goes live for a state when the opinion for that state is in hand.

Regardless of per-state enforceability under RUFADAA, our Terms of Service create a contractual right that approximates the same outcome in states where the in-product designation is not directly enforceable. The contractual fallback is not a substitute for the statutory tier-1 status, but it is a real obligation we accept and that a court can enforce against us.

If you have questions about your state, email privacy@tellsophie.com.