Introduction
From bank accounts and social media profiles to cryptocurrency wallets and domain names, our lives are increasingly digital. But what happens to these digital assets when you die?
Many people assume their spouse, children, or executor will automatically gain access—but that’s not the case. Without proper planning, your digital presence could be locked away indefinitely, lost to forgotten passwords, restrictive privacy laws, or the policies of big tech companies.
At The Numbers Law Firm, we help individuals and families develop modern estate plans that address the full spectrum of assets—including those you can’t touch or see. In this article, we’ll explore what digital assets are, why they matter, and how to make sure they’re properly managed and transferred after your death.
What Are Digital Assets?
Digital assets are any form of content, account, or asset that exists online or in electronic form. These include:
Financial Accounts
- Online bank accounts
- PayPal, Venmo, or Cash App balances
- Investment and crypto wallets
- E-commerce storefronts (Amazon, Etsy, Shopify)
Personal Data and Files
- Cloud storage (Dropbox, Google Drive, iCloud)
- Digital photos, videos, and documents
- Email accounts
Social Media
- Facebook, Instagram, LinkedIn, Twitter/X
- YouTube channels and monetized platforms
- Blogs and personal websites
Intellectual Property
- Domain names
- Online courses and ebooks
- Code repositories (GitHub)
Each of these may have monetary or sentimental value—or both. And each comes with its own terms of service that often limit or prohibit access to third parties after death.
The Challenges of Digital Inheritance
Digital assets are governed not just by traditional inheritance laws but also by:
- Federal and state privacy laws
- Platform-specific user agreements
- Encryption and two-factor authentication
- Lack of physical access (no “keys” or deeds)
This can create major obstacles for executors and loved ones, including:
- Inability to access funds or close accounts
- Delays in probate due to missing information
- Emotional distress over lost personal content (e.g., photos, videos, messages)
- Risk of hacking or identity theft if accounts remain dormant
Without instructions and legal authority, your digital footprint could disappear—or worse, become a liability.
Step 1: Take Inventory
The first step in planning for digital assets is creating a detailed inventory. This should include:
- A list of all digital accounts and assets
- URLs, usernames, and types of services
- An approximate value (financial or sentimental)
- Access methods (password managers, recovery emails)
Do not include passwords in your will or estate plan (which may become public). Instead, use a secure password manager or encrypted document, and indicate where to find it.
Step 2: Understand the Law (RUFADAA)
In the U.S., the legal framework for digital estate planning is based on the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). As of today, over 45 states have enacted it in some form.
RUFADAA allows your designated fiduciary (executor, trustee, agent under power of attorney) to access certain digital assets—but only if:
- You specifically authorize it in your estate plan, AND
- It doesn’t violate the platform’s user agreement
This law also respects the platform’s default settings. So if Facebook says your account can only be memorialized or deleted (not accessed), even your executor may be blocked—unless you’ve used platform tools (like Facebook’s Legacy Contact).
Step 3: Update Your Estate Plan
To ensure digital assets are included in your estate, your plan should contain:
1. Digital Asset Authorization Language
Your will, trust, or power of attorney must explicitly authorize your fiduciary to access digital assets and accounts.
Example:
“I authorize my executor to access, manage, and dispose of all of my digital assets and electronic communications in accordance with RUFADAA and other applicable laws.”
2. Digital Executor Appointment
You may name a specific person (a digital executor) to handle your online presence—especially if your primary executor isn’t tech-savvy.
3. Instructions and Intentions
Provide written instructions on:
- What to delete or preserve
- How to handle photos, email accounts, or social profiles
- Who should inherit income-generating platforms or digital intellectual property
Step 4: Use Platform-Specific Tools
Some major tech companies offer tools to manage your account after death. Examples include:
- Google Inactive Account Manager – lets you specify what happens to your Google accounts after a period of inactivity
- Facebook Legacy Contact – allows someone to manage your memorialized profile
- Apple Digital Legacy – gives access to designated contacts upon death
Using these tools in conjunction with your legal documents provides a stronger foundation for posthumous digital asset management.
Step 5: Plan for Cryptocurrency and NFTs
Digital assets like Bitcoin, Ethereum, and NFTs present unique challenges. These are often protected by private keys and not connected to any central institution. If the key is lost, the asset is gone forever.
To protect these assets:
- Store wallet access details in a secure location (e.g., hardware wallet or encrypted vault)
- Include your crypto holdings in your estate inventory
- Make sure your trustee or executor has instructions to access them
Crypto and NFT values can be volatile, so your plan should also address whether to liquidate, transfer, or hold these assets after death.
Step 6: Keep It Updated
Just like any other part of your estate plan, your digital asset plan must evolve as you do. Revisit it when you:
- Create new accounts or online income streams
- Change passwords or storage methods
- Launch a business or platform that depends on your digital presence
Consistency and clarity are key to ensuring your wishes are followed.
Final Thoughts
Your digital life is real life. And it deserves the same level of legal attention as your home, investments, or family heirlooms. Without proper planning, your digital assets could vanish—or become inaccessible burdens for those you love.
At The Numbers Law Firm, we help clients build estate plans for the modern world—combining legal precision with practical guidance. Whether you’re a digital native, an entrepreneur with a strong online presence, or simply someone who wants their legacy protected, we can help you plan for every part of your estate—physical or digital.
Don’t let your digital legacy disappear.
Contact The Numbers Law Firm to integrate your digital assets into your estate plan today.
