In today’s digital world, estate planning no longer involves only physical property and bank accounts. One of the most overlooked but increasingly important aspects of planning for the future is addressing what happens to a person’s online presence and digital assets after death. From social media accounts and cryptocurrency wallets to email accounts and digital photo libraries, these assets can carry significant financial and sentimental value.
Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which gives court-appointed executors the legal authority to manage a deceased person’s digital assets. This includes access to things like email accounts, stored files, photos, digital banking, and even cryptocurrency holdings. However, having this legal authority doesn't mean automatic access. If the deceased didn’t leave behind login credentials or instructions, families can still face frustrating and sometimes heartbreaking roadblocks.
One of the most common and emotionally significant digital assets is a person’s social media presence. These platforms often serve as a memorial space after someone passes, but not all of them make it easy to preserve or close accounts. For example, Facebook and Instagram currently allow for a memorialization label to be added to a profile. This keeps the profile accessible for friends to view, while also removing it from public searches. In some cases social media users may appointed a Legacy Contact, which is a person that can then manage tribute posts and limited account features.
Other platforms offer fewer options. Currently TikTok allows family members to request account deactivation, but there is no memorialization feature; the account and its content are permanently deleted. Snapchat and X (formerly Twitter) also allow only for permanent deletion, and neither platform offers a way to preserve accounts after death. Most Google-owned platforms offer a more proactive approach. Users can set up an “Inactive Account Manager,” allowing them to designate what happens if they stop using their account for a set period. This may include sharing data with trusted contacts or deleting the account automatically. It is important to note that, even if you just wish to have a deceased individual’s account deleted, most platforms still require proof of your identity and the death certificate.
Beyond social media, digital assets can include highly valuable property like cryptocurrency. While it’s true that digital currencies like Bitcoin are treated like any other asset in probate, the process of recovering crypto can be tricky if the deceased didn’t leave clear instructions. Many crypto users store their funds in custodial accounts with exchanges like Coinbase or Gemini, which can be accessed by providing the appropriate paperwork to the exchange. However, non-custodial wallets, where the user holds their own private keys, are far more difficult to access without the correct passwords or seed phrases. If those credentials are lost or unknown, the assets may be unrecoverable.
Actions You Can Take Now
- Create a Digital Content Inventory: Start by listing all the digital accounts you have, such as social media profiles, email accounts, cloud storage, and subscriptions.
- Decide What to Do With Each Account: For each account, decide whether it should be deleted, memorialized, or preserved in some other way.
- Store Passwords Securely: Prepare a list of your account access information, such as usernames and passcodes. This should be kept somewhere you know it will be safe. Consider using a locked drawer, safe, of digital password manager to store this information and ensure your executor can access it if needed.
- Consult an Estate Planning Attorney: Work with an estate planning attorney to formalize your wishes. Your will or trust should include provisions that authorize your executor to manage your digital assets.
As more of our identities and assets exist online, planning for your digital estate is an important part of your estate plan. With thoughtful preparation, you can help your loved ones avoid unnecessary stress and ensure your digital legacy is handled according to your wishes.
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