Digital Assets and Your Estate Plan
Most Americans own between 100 and 150 digital accounts, including social media, emails, shopping, entertainment and financial accounts. Some have personal value, like cell phone photos, and others are investments, like cryptocurrency. When left unprotected, owners and heirs are vulnerable to theft, scams and permanent loss of access.
How to Protect Digital Accounts
Start by creating an inventory of digital assets, including the URL (web address), username, password, whether there is two-factor authentication (facial recognition, fingerprint access, or a code sent to an email or cell phone) and its estimated value. This information should be stored securely and updated regularly to reflect changes in the account and access methods.
If digital assets have more than sentimental value, name a digital executor. This should be a trusted person who is fluent in the digital world. If you own significant cryptocurrency, they will need to know how blockchain assets are structured and how to access accounts, including wallets and security credentials.
Include Digital Assets in Your Will – But Not Account Information
Wills become public documents when they are admitted to probate, and anyone can see them. This includes estranged relatives, salespeople and online scammers. Detailed account information should never be included in a will, and the same applies to digital assets. Instead, the will may reference digital assets generally, with access details stored separately and securely.
Most states have adopted a law allowing certain fiduciaries to access, manage, or close a deceased person’s digital accounts: RUFADAA, the Revised Uniform Fiduciary Access to Digital Assets Act. Your will should include a provision that references digital assets and authorizes appropriate access consistent with local law.
Certain Platforms Make Managing Digital Assets Easier Than Others
Facebook, Google and Apple have incorporated features that allow users to designate another person to manage their accounts upon the death of the original owners. Most platforms do not offer this, so organizing and documenting access information is necessary and is the responsibility of the account owner.
What About Cryptocurrency in the Estate Plan?
Cryptocurrency owners face unique asset management challenges, as crypto requires knowledge of blockchain transactions and the tools used to access it: digital wallets, private keys, seed phrases and other means of securing assets. Without proper planning, these assets may be permanently lost.
What if no Digital Planning is Done?
There have been, and will continue to be, court battles between tech giants and those seeking to access digital assets. For example, Apple cites user privacy policies and takes the position that data rights terminate upon death, unless a legacy contact has been established or a court order is presented.
Next Steps for Digital Asset Protection
Creating a plan for digital assets is as important today as having a will, trust and power of attorney created. The family coping with the incapacity or death of a loved one deserves clear direction and reduced risk of delay, confusion, or loss. Thoughtful planning ensures the protection of digital and traditional assets.
© 2026 Integrity Marketing Solutions. All Rights Reserved.