Digital Assets

According to Investopedia a digital asset is “anything that is created and stored digitally, is identifiable and discoverable, and has or provides value.” Examples of digital assets include computer files, web domains, items stored “in the cloud,” and cryptocurrencies such as Bitcoin, Ethereum, and more. Emails, text messages, social media accounts, digital photos, and digital music are also digital assets as defined by the Revised Uniform Fiduciary Access to Digital Assets Act. 

Some digital assets have a monetary value. For example, an internet domain name is a financial asset as well as an electronic record. Similarly, a social media username may have significant monetary value if it is associated with a popular “influencer” or brand. Other digital assets with an economic value include:

• Social media accounts such as Facebook (Meta), Instagram, Twitter (X), Linkedin, Substack, Bluesky, TikTok
• Cryptocurrencies 
• Non fungible tokens
• Loyalty points from airlines, hotels, and credit cards.
• Balances in Paypal or Venmo accounts
• Online gaming credits
• Digital gift cards
• Digital storefronts like those found on eBay or Etsy.
• Music and/or videos on platforms such as YouTube or TikTok.
• Websites where personal documents, or information is loaded
• Email accounts

Bank and credit card account log-ins have no intrinsic monetary value. However, anyone with access to them can gain entry into various financial instruments, so they have value in that sense. Similarly, any account that you manage or pay online may allow access to your personal financial information, so that information is an important part of your digital legacy. 

Legally, digital assets belong exclusively to those who own them and are protected by strict privacy laws. However, as our collective and individual digital footprints have expanded over the last few decades, the security of digital assets has become more difficult to ensure. As a result, virtually all digital assets are, at minimum, password protected, and many require two-factor authentication (usually a code sent to a cell phone or email address) before anyone may access them. Additionally, bitcoin and non-fungible tokens are housed on a blockchain, an extremely secure database that is nearly impermeable to cyberattacks. 

Digital Death

When a person dies, their “real” property is generally distributed by the estate executor in accordance with the terms of a will or a trust.The process of doing so is dictated a court-supervised process known as probate, through which the assets of a deceased person are identified, debts are  paid, and assets are distributed to heirs and beneficiaries. Virtually every state in the U.S. has laws that regulate the probate process in order to ensure that estates are managed legally, ethically and appropriately. 

With that being said, state probate laws apply exclusively to traditional property, such as real estate, personal property, bank accounts, vehicles, etc. and make no provision for the management of digital assets. As use of the internet and digital technology has become more widespread over the last several decades, this gap in probate law has created serious issues for estate executors and surviving family members. Since no clear legal path existed for the companies who controlled the assets to allow access to anyone but the account owner, many digital assets were untouchable by anyone but the deceased account holder and simply disappeared.

In 2012, the Uniform Law Commission, a nonprofit organization of lawyers that works to provide states with model legislation that brings “clarity and stability to critical areas of state statutory law” determined that regulatory clarity around digital assets was an urgent priority across the U.S. The commission began to work on model legislation outlining how fiduciaries could legally access and manage digital assets. It named the legislation the Uniform Fiduciary Access to Digital Assets Act. 

The first iteration of the UFADAA was completed in 2014. It granted fiduciaries, including executors, the right to manage digital assets in the same way they manage traditional assets after a person dies or becomes incapacitated. The act granted executors, conservators and trustees almost unlimited power to access digital assets, including the right to obtain passwords and other login information for digital accounts from the custodians of those accounts. The idea behind the law was to give fiduciaries the ability to handle all of the tasks related to settling the estate, such as archiving or deleting email, paying bills online, canceling subscriptions and social media accounts and so on, legally and expeditiously. 

Unfortunately, the original version of the UFADAA met with stiff opposition from both tech companies who were the custodians of the assets and privacy advocates such as the ACLU. As a result, only one state, Delaware, adopted the law. To address the many concerns, the ULC went back to the drawing board and crafted a revised version of the UFADAA known as the Revised Fiduciary Access to Digital Assets Act. The later version of the law differed from the original in several significant ways. For example:

• An executor no longer has the right to access electronic communications (private email, tweets, chats), unless the deceased person explicitly consented to disclosure in a will, trust or through a durable power of attorney.
• An executor can access other types of digital assets, but must petition the court and explain why the asset is needed to settle the estate.

• If a fiduciary does not have explicit permission through a will, trust, or power of attorney, custodians can use their own terms-of–service agreements to determine whether to comply with requests for access to a deceased person’s account.
• Custodians have broad powers to limit access to digital assets, including the right to
  • Request court orders 
  • Provide access only to assets it determines are “reasonably necessary” to settle the estate
  • Charge the estate a fee to comply with requests for access
  • Refuse requests it deems to be “unduly burdensome”
  • Refuse access to joint accounts

The ULC finished drafting the revised law in 2015, and the revisions were sufficient to satisfy both the ACLU and the tech companies who objected to the original law. As of 2024, 46 states have adopted the RUFADAA. (California, Oklahoma, Louisiana and Massachusetts have not.)

Beyond the RUFADAA

Despite the existence of the Revised Uniform Fiduciary Access to Digital Assets Act, access to digital assets by executors is hardly guaranteed under the law. For that reason, experts advise anyone who owns a digital asset (virtually everyone!) to plan ahead for what will happen to them after their death. According to Nolo, the best way to ensure your wishes are carried out is to take the following steps:

• Explicitly give your executor access to your digital assets in your will or power of attorney
• Write a personal letter to your executor telling them exactly how to access all of the accounts and files you want them to handle after your death. The letter should include:
  • The names and urls for all of your online accounts 
  • Usernames and passwords
  • Access for two-factor authentication (e.g. an email account or a cell phone)
  • Specific instructions as to what to do with each asset (for example, transfer photos; delete emails; create a legacy account on social media)
  • Store your letter in a safe location, preferably with your other important documents such as your will, advanced directives and insurance policies. DO NOT store it in a safe deposit box, since the executor will not have immediate access to it.
  • Update the letter as you add and delete accounts and assets
• If you want to protect the privacy of certain assets after you die, contact an attorney for assistance. They may be able to add a clause in your will that specifies which digital assets or accounts you do not want accessed after your death. 

Digital Estate Planning

Prior to the explosion of internet technology in the 20th and 21st centuries, most estate planning was aimed at protecting tangible property and financial assets from taxes and creditors and ensuring their transfer to family members after a person’s death. However, the internet has created an entire universe of digital assets that need to be identified, organized, and recorded so that they can be bequeathed to your beneficiaries after your death. Digital estate planning is the process through which individuals can accomplish this. 

The first step in digital estate planning is identifying what digital assets you own. This process can be painstaking and time-consuming, so you may wish to do it over a number of days or even weeks. 

There are no strict guidelines as to how to begin to catalog your digital assets, but you may wish to begin by listing any digital assets with monetary value that you own. This can include:

• Cryptocurrency. There are many forms of digital currency available, so make certain you list all of them. As of 2024, the most popular are:
  • Bitcoin
  • Tether (USDT)
  • Ethereum (ETH)
  • XRP
  • Binance Coin (BNB)
  • USD Coin (USDC)
  • Cardano (ADA)
  • Solana (SOL)
  • Dogecoin (DOGE)
  • Tron (TRX)
  • Polygon (MATIC)

• Nonfungible tokens such as tokens for digital art or music 
• Internet domains
• Online payment services such as Venmo and PayPal (if they have a positive balance)
• YouTube or TikTok channels (if the content is monetized)
• Digital rights to books, films, music or theatrical works
• Digital accounts in an online betting forum
• Blog content (if monetized)
• Airline miles and hotel points
• Gaming avatars that offer online goods or services with monetary value in the real world
• Digital storefront such as EBay and Etsy

Once you have listed all your assets with monetary value, catalog your other online accounts and items stored in the cloud. Generally, these will include:

• Social media accounts, including Facebook, Instagram, What’sApp, SnapChat, YouTube and TikTok
• Email accounts
• Online subscriptions to magazines, journals and news media
• Digital files stored in the Cloud, including photos, videos, personal files and records etc. List all of the platforms where you have data stored: These may include:
  • Microsoft OneDrive
  • Apple iCloud
  • Google Drive
  • Drop Box
  • Sync
  • iDrive
  • pCloud
  • MEGA
  • Box
• Financial accounts with an online component, such as utilities, cell phone plans streaming services (Netflix, Prime Video, HBO Max, Apple TV etc.)
• Online bank accounts (checking, savings, money markets, CDs)
• IRAs and other retirement accounts
• Auto, health and life insurance policies

Once you have identified all of your digital assets and accounts, determine what you would like done with them after your death. Assets with monetary value can be left to your heirs in your will, but you will need to provide access to your executor so he can distribute them after probate (if applicable) is settled and bills and taxes are paid. For most digital assets, this means that you will need to have your login credentials (username and passwords) in a secure location where your executor can access them. This can be accomplished in a number of ways:

• Write your usernames and passwords in a notebook and store it in the same location as your will and other important documents. If any of your digital accounts require two-factor authentication, you will need to ensure that the device that will authenticate the login is accessible, as well. For example, if your bank sends a text with an access code to your cell phone when you login, your executor will need access to that phone. They may also need a passcode to access the phone if you have set one up.  
• Use a password manager such as LastPass or 1Password. These applications store all of your passwords and logins securely, and can be accessed with a single master password, so you only need to convey one login to your executor upon your death.
• For email: In order to ensure that your executor can legally access your email accounts (and the notices and communications they contain) you must grant them specific permission in your will even if you have provided them your passwords. List all email accounts separately to ensure there is no dispute about which accounts you want them to access.  

Special Considerations for Cryptocurrency and NFTs

Unlike most digital assets, which are managed by custodians (e.g.,  companies that ensure the asset is stored securely on an encrypted network), cryptocurrency and non fungible tokens are located on a blockchain, a digital database stored on individual computers (or nodes) on a peer-to-peer network. There is no overarching entity managing the database, and there is virtually no way that anyone other than an asset owner in possession of unique identifiers (or “keys” ) can access it. For this reason, cryptocurrency is extraordinarily secure, but it is also very tricky to pass on to your heirs after you die.

Additionally, most individuals store their cryptocurrency in a non-custodial digital wallet — a secure location where cryptokeys are stored. (These are different  from a crypto exchange, where a third party oversees the account.) These wallets can either be “hot” (connected to the internet) or “cold” – stored on a separate hardware device. In either case, you will need to ensure that your executor or next of kin has access to the login information for the wallet as well. 

To ensure the security of your cryptocurrency and make it accessible to your next of kin when you die, experts recommend that you write down your access keys (typically a public and personal key) for each asset, and list all of the digital wallets in which your crypto is stored. Write down the usernames and passwords for those accounts and devices as well. Then store the written information in a secure location such as a safe deposit box, and leave a letter with instructions for your executor as to where the information is being kept. In this way, no one other than a person authorized to access your safe deposit box can access your cryptocurrency keys. 

Special Considerations for Social Media Accounts

With the proliferation of social media platforms over the last decade, it has become increasingly important to understand the terms of service of any platform on which you have an account. As the custodians of your online presence, social media companies such as Metta and X have a great deal of control over how your information, including your posts, contact lists, photos and other media, is handled after your death. Even if you provide your login credentials to your next of kin, they may not be able to legally access your account information unless you have specifically authorized them to do so in your will or through a feature provided by the custodian of the account (e.g. Google’s inactive account manager.) For this reason, it is important to list all of your social media accounts in your will and expressly grant or deny access to them by your executor and next of kin. And, of course, include your passwords as well. 

In conclusion, as our lives become increasingly intertwined with the digital realm, the management of digital assets is a vital component of responsible end-of-life planning. Recognizing the diverse nature of these assets and the potential challenges they pose for grieving loved ones, it is imperative to approach estate planning with a comprehensive strategy that includes provisions for your digital legacy. By proactively addressing the fate of online accounts, cryptocurrencies, and other digital assets, individuals can provide their heirs with the tools and access needed to navigate the complexities of the digital afterlife. In doing so, they not only ensure the preservation of their digital identity but also contribute to a more seamless and considerate transition for those left behind.

Sources

“What Are Digital Assets? Definition, Types, and Their Importance”. Investopedia. https://www.investopedia.com/terms/d/digital-asset-framework.asp

“The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA)”. Nolo. https://www.nolo.com/legal-encyclopedia/ufadaa.html

“Fiduciary Access to Digital Assets Act, Revised”. Uniform Law Commission. https://www.uniformlaws.org/committees/community-home?CommunityKey=f7237fc4-74c2-4728-81c6-b39a91ecdf22

“10 Important Cryptocurrencies Other Than Bitcoin”. Investopedia. https://www.investopedia.com/tech/most-important-cryptocurrencies-other-than-bitcoin/

“Blockchain Facts: What Is It, How It Works, and How It Can Be Used”. Investopedia. https://www.investopedia.com/terms/b/blockchain.asp

“How to Get a Crypto Wallet”. NerdWallet. https://www.nerdwallet.com/investing/learn/get-a-crypto-wallet

“Set up your Inactive Account Manager”. Google Guidebooks. https://guidebooks.google.com/online-security/protect-your-google-account/inactive-account-manager

When something is non-fungible, it is irreplaceable, unduplicable, and cannot be exchanged. Non-fungible tokens, or NFTs, have a distinct digital signature.. Unlike cryptocurrencies and physical money, which are fungible and interchangeable, NFTs are unique. They are considered digital assets and may be present in a variety of formats such as videos, photos, audio files, and beyond. However, some believe that having physical assets represented by digital assets like NFTs also makes it easier to conduct transactions and prevent fraud. 

Since NFTs are generally considered one-of-a-kind, some have limited editions that can increase their value in the market to potential buyers and sellers. Creators mint NFTs on blockchain platforms and can include additional information in the metadata for authentication purposes. Additionally, since NFTs can have programmable attributes and can only have one owner at a time, some creators can collect royalties whenever their NFTs are resold to new owners. 

Due to their overall popularity, NFTs have many different use cases. Common examples include event tickets, digital collectibles, in-game items, credentialing, royalties, and customer engagement. Although many remain skeptical of their usage, NFTs have ultimately changed how people interact with digital content and likewise, how they perceive digital assets. 

Given the implications for ownership and potential value to creators and consumers alike, NFTs and other digital assets must be taken into consideration during the estate planning process. Although NFTs are associated with high volatility within the market, this technology is likely to continue evolving and shaping transactions in the future. Ultimately, NFTs indicate an innovative transition in digital ownership and asset management.

Sources

“Complete guide to NFTs and estate planning.” Trust & Will.  https://trustandwill.com/learn/nft 

“Non-fungible tokens (NFTs) explained.” AWS. https://aws.amazon.com/blockchain/nfts-explained/ 

“What are NFTs and how do they work?” Kaspersky. https://usa.kaspersky.com/resource-center/definitions/what-is-an-nft 

“What is an NFT? Non-fungible tokens explained.” Forbes Advisor. https://www.forbes.com/advisor/investing/cryptocurrency/nft-non-fungible-token/ 

Google’s Inactive Account Manager is a feature that allows users to plan what should happen to the digital assets and data in their Google account if they are inactive for a specific length of time. Google will refer to activities such as usage of Gmail, Android check-ins, last sign-ins, and other activities tracked in “My Google Activity” to determine whether the user is inactive. The account will be considered inactive if the user has not participated in these activities within a designated length of time, which the user can define when setting up the Inactive Account Manager. 

When setting up Google’s Inactive Account Manager, users can indicate what should happen to their data when they become inactive. They can share the data with someone they trust or let Google delete it instead. If they decide to share the data with a trusted individual, that person will receive an email with a subject line and message written by the initial user at the time of setup. This email will include the list of available data to review and steps to access the account. 

The flexibility of using Google’s Inactive Account Manager demonstrates the practicality of tools that enable digital legacy management. Deciding what data should be shared, who it should be shared with, or if it should be deleted enables individuals to protect their privacy in the event they stop using their account, such as due to severe illness or death. It ensures that important or valuable data can be shared with friends and family if preferred and helps users make necessary decisions regarding their digital footprint with Google’s vast array of services. Ultimately, like many other tools, Google’s Inactive Account Manager helps users maintain control over their online presence and digital legacy when they need it the most. 

Sources 

“About inactive account manager.” Google Account Help. https://support.google.com/accounts/answer/3036546 

“Set up your inactive account manager.” Google Guidebooks. https://guidebooks.google.com/online-security/protect-your-google-account/inactive-account-manager?hl=en-us 

When someone dies, their Facebook profile can be memorialized to provide an online space for their friends and family to reflect and share memories of the person who died. Facebook allows these accounts to have a legacy contact responsible for managing the memorialized page. Individuals interested in having their Facebook profile transitioned to a memorial page in the event of their death are instructed to select a trusted individual who can make key decisions and take on certain responsibilities regarding the account. These decisions and responsibilities include: 

• Deciding who can view and post tributes if there is a tribute area on the profile 
• Deleting tribute posts 
• Viewing private posts on the profile, including any made with the ‘Only Me’ privacy setting 
• Writing pinned posts for the profile 
• Removing any tags that other people have posted of the person who died 
• Responding to friend requests
• Updating profile and cover photos 
• Turning off the requirement to review tags and posts before they are listed in the tributes section 
• Downloading a copy of what has been shared on Facebook if the feature was previously turned on 
• Requesting the removal of the account 

When an account is memorialized, the word “remembering” will be displayed on the profile of the person who died, typically beside their name. Memorialized accounts that do not have a designated legacy contact cannot have any settings or content changed. Legacy contacts can only be selected if the owner of the Facebook profile is at least 18 years old. Only one legacy contact can be designated, and the legacy contact must be included as a friend on the owner’s Facebook profile. Additionally, an individual with multiple Facebook profiles can only designate a legacy contact for their main profile. 

Ultimately, memorialized Facebook accounts and legacy contacts represent an important step in navigating and managing a digital footprint after someone has died. By providing this option, Facebook acknowledges the impact of a lasting online presence and offers a shared space for loved ones to reflect on the life and legacy of the person who died. As digital footprints are becoming an increasingly prevalent concern, tools such as legacy contacts and memorialized accounts are valuable tools in navigating the intersection of technology and mortality. 

Sources 

“About legacy contacts on Facebook.” Facebook Help Center. https://www.facebook.com/help/1568013990080948 

“Add, change, or remove your legacy contact on Facebook.” Facebook Help Center. https://www.facebook.com/help/1070665206293088?helpref=faq_content 

You can protect the privacy of your personal photos, emails and texts (which are part or all of your digital assets) after you die by storing them in an encrypted cloud service, including them as part of your written digital legacy plan and/or appointing a designated loved one to manage these items.

Use Encrypted Storage and Password Protection

• Store your photos, emails and messages in encrypted cloud storage or use a secure password manager
• Use strong, unique passwords and two-factor authentication (2FA) to initially protect accounts — safely store this account information for a designated loved one to refer to after your death

Specify Your Wishes in Writing

Include instructions in your will or a separate digital estate plan (recommended). Be clear about what should happen with your personal photos, emails and texts:

• Should they be deleted? 
• Should some content be preserved but kept private?
• Is there a trusted loved one you’d like to handle these assets? 
• Review your plan regularly to ensure it’s up to date

Appoint a Digital Executor or Legacy Contact

• This person will be responsible for managing your digital assets, including photos, emails and text — be sure they understand your privacy wishes and have secure access to necessary accounts — and name them in your digital estate plan
• For social media accounts that contain photos, like Facebook and Instagram, you can use their specific legacy functions to predetermine what information and to whom it will be shared after your death 

Avoid Sharing Passwords or Sensitive Information Without Precautions

• Don’t share your passwords or sensitive access information on insecure platforms, like email or physical paper

Sources

“How to Pass On Your Passwords After You Die.” PC Mag.  https://www.pcmag.com/how-to/9-password-managers-with-digital-legacy-options

“The Best Password Managers to Secure Your Digital Life.” Wired. https://www.wired.com/story/best-password-managers/

You can ensure your social media accounts (also known as digital assets, or part of your digital legacy) are handled according to your wishes by using the after-death features built into the larger platforms like Facebook and Instagram, using a specific digital legacy service or password manager, and making your intentions clear in a written document as a digital estate plan or a codicil to your will. 

The following steps can help ensure your social media accounts are managed how you prefer. 

Understand Each Platform’s Policies

Different social media platforms have different rules for what happens when an account holder dies. Many allow you to designate a loved one to receive access to those specific accounts after your death, either to transform the account to a memorial page or request deletion.

• Facebook: Allows you to designate a Legacy Contact to manage parts of your Facebook account after death, either to create a memorialized page or delete your main profile.
• Instagram: A loved one can contact the company to report a death, which requires a death certificate or obituary, to memorialize the page. Immediate family members with proof can request account deletion.
• X/Twitter: Will deactivate the account after a verified request
• YouTube/Google: Has an Inactive Account Manager to designate up to 10 trusted contacts to receive access to Google account data of your choosing, after your account has been inactive for a period of time that you designate.

Use a Password Manager or Digital Legacy Service

• Store passwords securely in a password manager that has a legacy access feature.
• Use a cloud-based digital legacy services (like Inheriti or Willbox.me) to automate pre-specified sharing of your digital assets after death.

Document Your Wishes

Make your intentions clear in a written document. This can be in the form of a specific digital estate plan or as part of your will (though the latter isn’t highly recommended, as social media accounts and information can require regular updating). In this document you can designate a trusted contact or legacy contact to manage your accounts. 

In your document, you should:

• Specify what should happen to your accounts (such as memorialization, deletion or data archiving), understanding the after-death options available for each
• Include instructions for how to access accounts (passwords, two-factor authentication info)
• Designate a loved one as a trusted contact or legacy contact to manage your accounts — preferably confirming that they are willing and able to assume responsibility
• Regularly review your plan to ensure it remains current

Sources

“How to Pass On Your Passwords After You Die.” PC Mag. https://www.pcmag.com/how-to/9-password-managers-with-digital-legacy-options

“What Is A Digital Legacy & Why You Should Be Planning Yours.” Trust & Will. https://trustandwill.com/learn/digital-legacy

“About Inactive Account Manager”. Google. https://support.google.com/accounts/answer/3036546?sjid=2284682328860832173-NA 

“About Legacy Contacts on Facebook”. Meta. https://www.facebook.com/help/1568013990080948/ 

“Report a Deceased Person’s Account on Instagram”. Instagram. https://help.instagram.com/264154560391256/ 

“How to contact X about a deceased family member’s account”. X. https://help.x.com/en/rules-and-policies/contact-x-about-a-deceased-family-members-account 

Bitcoin cold storage (also known as a “cold wallet”) is a method of keeping your Bitcoin private keys completely offline to protect them from online threats like hacking, ransomware and malware. Storing these keys on devices or mediums not connected to the internet — whether a hardware wallet, an encrypted USB device, or even a piece of paper (kept very safely) — helps ensure maximum security for long-term holding of Bitcoin. Cold storage reduces the risk of unauthorized access since the private keys are not available on an internet-connected device, making it one of the safest ways to safeguard cryptocurrency assets. However, it requires careful management of the keys, as losing access means losing the Bitcoin permanently.

Sources

“Cold Storage: What It Is, How It Works, Theft Protection.” Investopedia. https://www.investopedia.com/terms/c/cold-storage.asp

Most social media sites have established policies to determine what happens to an account when someone dies. Social media platforms such as Instagram, Facebook, X, and LinkedIn have policies indicating how accounts should be handled and managed in the event of death. These policies can determine whether a trusted person can manage the profile and the associated data of the person who died or if the profile should be deleted. Individuals can also define who they would prefer to manage these accounts in their will. 

What can be done with a social media account after someone has died will vary based on the platform’s features and policies. For example, Facebook (Meta) and Instagram both offer the option to memorialize the profile or page of the person who died. This allows the profile space to become a digital memorial. Platforms such as LinkedIn and X do not offer this functionality but allow family members or representatives to request the deactivation and removal of any profiles belonging to the person who died. Currently, TikTok does not provide any legacy options or similar functionality allowing family members or representatives, such as executors, to deactivate or remove a profile.

Given the vast extent to which many people utilize social media, most platforms offer options for account management or memorialization according to the original user’s indicated preferences. As digital assets and identities continue to become significant, there is a greater need to understand and implement these policies to ensure that personal data and legacies are maintained and protected appropriately after death. Individuals who are interested in establishing how their social media should be managed are encouraged to review the options available to them on each platform and further define preferences in their will with the assistance of a legal professional. 

Sources 

“Posting beyond the grave: What happens to your social media when you die?” FindLaw. https://www.findlaw.com/legalblogs/law-and-life/posting-beyond-the-grave-what-happens-to-your-social-media-when-you-die/ 

“The afterlife of social media: Social media accounts after death.” Trust & Will. https://trustandwill.com/learn/what-happens-to-your-social-media-when-you-die 

Yes, there are cloud-based services designed specifically to help you securely store digital assets (such as digital photos, videos and documents) and grant access to your representatives after your death. These services are often called digital legacy or digital inheritance platforms.

Some dedicated digital inheritance services include:

• Inheriti — Securely stores digital assets, passwords and social media login credentials and allows for secure sharing with designated loved ones.
• WillBox.me — Lets you create a personal archive with passwords, digital assets and more, with a LifeCheck system that sends you periodic check-ins. If you don’t respond to three check-ins, it prompts secure data delivery to your chosen recipients.
• DGLegacy — Allows you to store financial digital assets like cryptocurrency — along with logging more traditional assets like bank accounts, insurance information, etc. — together in one place. If the site detects a fatal event, it will inform your designated beneficiaries about their appropriated assets. 

Sources

“A Guide to Managing Online Accounts After the Death of a Loved One.” Willful. https://www.willful.co/learn/online-accounts-after-death

“How to Manage Digital Assets Upon Death.” Phaneuf Funeral Home & Cremation. https://phaneuf.net/after-a-loss/how-to-manage-digital-assets-upon-death

Putting backup copies of important account information and passwords in a safe deposit box is a good idea, but it’s worth keeping in mind that a safe deposit box (or safety deposit box) is only accessible during bank hours, and requires your key. This means if your loved ones need access to this information after you die, it can be difficult to retrieve in a timely fashion. It’s possible to designate a trusted co-lessor for your box, who would also hold a key, but they’re still beholden to the bank’s schedule when it comes to access.

It may be a better idea to keep important account information and passwords in a secure home safe, which will ensure your information is protected, and then give the entry instructions to a trusted family member or friend. You could also keep a backup copy of this information with a trusted person. Another option is to put this information in a document and store it digitally via cloud storage, ensuring that at least a trusted loved one has access to the information.

Sources

“Safe Deposit Boxes: Store This, Not That.” Investopedia. https://www.investopedia.com/safe-deposit-box-what-to-store-and-not-store-in-yours-4589854

“Safe Deposit Box: What You Should & Shouldn’t Store.” California Community Credit Union. https://www.caccu.org/safe-deposit-box-what-you-should-shouldnt-store/

No, access is not automatic for your trustees and executors to manage your digital assets in the event you are incapacitated or die. Your digital assets and online accounts must be explicitly named in your will or trust for your executor or trustee to have the legal authority to access them. Without access to your online accounts and digital assets, your executor will not be able to take care of important tasks in a timely manner, such as paying your bills online or accessing your files on cloud-based services. While your executor might be able to get access through traditional methods if there’s a non-digital component to some of your assets, they will have limited access if proper legal authority isn’t granted ahead of time in your legal documents. 

It is important to note that platforms like Facebook and Google will restrict access to your accounts unless you have listed someone as a legacy contact and designated who should manage your digital assets through the inactive account manager. Additionally, to ensure that the people named as your executor or trustee have access to your online accounts and digital assets, you should set up a password manager platform or a document that maintains all of the login information to your accounts. Using a password manager platform is generally the most secure option. If you choose to use a document to maintain your passwords, it should be encrypted to maintain security.

In states where Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) has not been adopted, such as Louisiana, your executor may need a court order for access to contested digital assets and online accounts. Digital asset management is becoming increasingly important, making it crucial to plan ahead. Without proactive planning for the future, you risk financial loss, the deletion of sentimental assets such as photos and emails, and even potential court petitions that affect your executor. 

Sources

“Why your Executor Needs Access to Digital Assets”. NOLO. https://www.nolo.com/legal-encyclopedia/why-your-executor-needs-access-to-digital-assets.html 

“Digital Assets in Estate Planning: What You Need to Know”. Porter Law Firm. https://porterlawyers.com/blog/digital-assets-in-estate-planning-what-you-need-to-know/

“Digital Asset Estate Planning”. Elder Law and Advocacy. https://elaca.org/digital-asset-estate-planning/ 

The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) does not apply in all 50 states at this time. As of 2025, 46 states, Washington D.C., and the U.S. Virgin Islands have adopted RUFADAA. Some examples include SB 1193 in Texas  and AB-691 in California. Although some states have modified the language of the act, such as Oklahoma, Louisiana has not adopted the Revised Uniform Fiduciary Access to Digital Assets Act or any similar legislation. 

When the original Uniform Fiduciary Access to Digital Assets Act (UFADAA) was created in 2014, this version allowed executors and fiduciaries to have the same access to online accounts and digital assets as the person who died. However, technology companies argued that there were not enough protections in place under this version of the act and that it was against federal privacy laws. The Revised Uniform Fiduciary Access to Digital Assets Act was created in response to these concerns by reducing access to online accounts and digital assets. Whereas the executor or fiduciary could request access to any online account under the previous act, the revised act requires that a will must include which online accounts and digital assets can and cannot be accessed.

Since there are still many complexities and nuances to these laws from state to state, especially in states where the Revised Uniform Fiduciary Access to Digital Assets Act has not yet been implemented, it is highly encouraged to work with a licensed estate attorney in your state. They will be able to help you navigate relevant state laws specific to your digital assets and provide professional guidance regarding how to create a digital estate plan. 

Sources

“What is RUFADAA – Everything You Need to Know”. Trust and Will. https://trustandwill.com/learn/what-is-rufadaa 

“RUFADAA Explained”. The Law Office of Raymond E. Brown. https://raymondbrownlaw.com/rufadaa-explained/ 

“State-by-State Digital Estate Planning Laws”. EverPlans. https://www.everplans.com/articles/state-by-state-digital-estate-planning-laws