SB 143: AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO FIDUCIARY ACCESS TO DIGITAL ASSETS AND DIGITAL ACCOUNTS.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

Ohio recently adopted “Braden’s Law”, named after Braden Markus. Braden, a high school student, tragically took his own life after being coerced into sharing sensitive photographs online and then threatened with release of the photographs on social media if he did not pay money. Braden’s parents, Jenn and Jarod, endured months of anguish after being denied access to Braden’s personal cell phone records. In response, part of Braden’s Law requires courts to adjudicate a parent or legal guardian’s request for an order directing access to a deceased minor’s digital assets and digital accounts within 30 days. In Delaware, a fiduciary can access to digital assets and digital accounts under Chapter 50 of Title 12. A fiduciary must send to the custodian of digital assets or digital accounts a valid written request for access. The custodian must comply with the valid written request within 60 days. If the custodian fails to comply, the fiduciary can ask the Court of Chancery (the “Court”) for an order directing the custodian to grant access to the digital assets. If the fiduciary seeking access to a digital asset or digital account is a parent or legal guardian of a minor deceased account holder, this Act requires the Court to treat the application as expedited and aim to resolve the application within 30 days after the application is filed. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Sponsors

Sponsors by party (alphabetical): Democratic 9 · Republican 7

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 19, 2025Signed by Governor
2. June 30, 2025Passed By House. Votes: 40 YES 1 VACANT
3. June 17, 2025Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 8 On Its Merits
4. June 12, 2025Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
5. June 12, 2025Passed By Senate. Votes: 19 YES 2 ABSENT
6. May 21, 2025Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 6 Favorable
7. May 13, 2025Introduced and Assigned to Banking, Business, Insurance & Technology Committee in Senate