Key Takeaways
- Your digital assets include email, photos, social media, cloud storage, online banking, cryptocurrency and loyalty points.
- Most states have adopted a law (the Revised Uniform Fiduciary Access to Digital Assets Act) that lets you decide who can access your digital accounts.
- A company’s own legacy tool, such as Google’s Inactive Account Manager or Apple’s Legacy Contact, generally takes priority over your will.
- Your will and financial power of attorney should expressly authorize access to digital assets.
- Keep an inventory and a secure way to access passwords, but never put passwords in your will, which becomes public.
Why digital assets need a plan
Much of modern life lives online: family photos in the cloud, bills paid from online accounts, years of email. Without a plan, loved ones may be locked out, or forced to fight with tech companies for access. Some digital assets have real financial value, such as cryptocurrency or online business accounts, and can be lost permanently if no one can get in.
What counts as a digital asset?
- Email accounts
- Photos and videos in cloud storage
- Social media accounts
- Online banking, investment and payment accounts
- Cryptocurrency and the keys or wallets needed to access it
- Domain names, websites and online businesses
- Loyalty points, airline miles and digital purchases
- Devices: phones, computers and the data on them
How the law treats digital accounts
Most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). In simple terms, it sets an order of priority:
- The company’s online tool, if you used it, controls first.
- Your will, trust or power of attorney controls next, if it addresses digital assets.
- The company’s terms of service apply if you did neither.
It also distinguishes the content of communications (the text of your emails) from a catalog (who you emailed and when). Executors may get the catalog by default, but generally need your express consent to see content.
Your digital estate plan, step by step
| Step | Tool | What it does |
|---|---|---|
| Set up legacy contacts | Google Inactive Account Manager, Apple Legacy Contact, Facebook legacy contact | Gives a named person access or control when you die or go inactive |
| Authorize access in legal documents | Will, trust, financial power of attorney | Gives your executor or agent legal authority over digital assets |
| Keep an inventory | Letter of instruction or a secure list | Tells people which accounts exist and what to do with each |
| Secure the passwords | Password manager with emergency access | Lets the right person in without exposing passwords publicly |
| Plan for crypto | Secure record of wallets and recovery phrases | Prevents permanent loss of funds |
What to do with each account
For each important account, decide whether it should be closed, memorialized, downloaded or transferred. Record those wishes in your letter of instruction.
Don’t forget incapacity
Digital access matters if you’re incapacitated, not just after death. Make sure your financial power of attorney authorizes your agent to manage online accounts, so bills keep getting paid. See power of attorney explained.
Frequently asked questions
It depends on what you set up. Under the law most states follow, your executor generally needs your express consent, in your will or through the provider’s online tool, to read the content of your emails.
No. Wills become public during probate. Store passwords in a password manager with an emergency access feature, or in a secure document, and tell your executor how to find it.
Many platforms let family request that an account be memorialized or deleted, and some let you choose a legacy contact in advance. Your wishes should be recorded in your letter of instruction.
It may be lost permanently. Keep a secure record of wallets and recovery phrases, and make sure a trusted person knows how to access it.
Only if it grants that authority. Many modern forms include digital assets; if yours doesn’t, consider updating it.
Keep reading
- Estate Planning Checklist: The Documents Everyone NeedsA plain-English estate planning checklist: the will, living will, powers of attorney and other documents everyone needs, plus what to organize and when to update.
- What Is a Living Will? How It Works and What to IncludeA living will records your wishes about life-sustaining treatment if you can't speak for yourself. Learn what it covers, when it applies and how it differs from a will.
- Living Will vs. Advance Directive: What’s the Difference?What is an advance directive? It's the umbrella term for your written health care instructions. Learn how living wills, health care proxies and advance directive forms fit together.
- Will vs. Trust: Which Do You Need?Compare a will and a revocable living trust on probate, privacy, cost and control. Learn when a will is enough and when a trust makes sense.
- What Happens If You Die Without a Will?If you die without a will, state intestacy law decides who inherits, who manages your estate and who raises your kids. Here's what typically happens.
- Funeral Planning Checklist: How to Plan AheadA step-by-step funeral planning checklist: burial or cremation, the service, costs, paperwork and how to make sure your family can find your wishes in time.
- How to Avoid Probate: 6 Common StrategiesProbate can be slow, public and costly. Learn six common ways to pass assets directly to your heirs, from beneficiary designations to a living trust.
- How to Choose an Executor for Your Will (and What They Do)Your executor carries out your will. Learn what an executor does, who makes a good choice, and the mistakes to avoid when naming one.
- Pet Trust: How to Provide for Your Pets After You’re GonePets can't inherit money, but a pet trust can fund their care. Learn how pet trusts work, how they compare with a will, and how to choose a caregiver.
- What Is a Living Trust? How It Works, Pros and ConsA living trust holds your assets during life and passes them to your heirs without probate. Learn how revocable living trusts work, what they cost, and who needs one.
- What Is Probate? How the Process Works, Step by StepProbate is the court process for settling an estate. Learn what happens in probate, how long it takes, what it costs, and which assets skip it entirely.
- How to Make a Will: Step-by-Step Guide and Legal RequirementsLearn how to make a valid will: what to include, who can witness it, whether it needs a notary, and the common mistakes that can make a will fail.
- Letter of Instruction: What to Include for Your FamilyA letter of instruction tells your family where everything is and what you want. Learn what to include, how it differs from a will, and where to keep it.
- DNR vs. Living Will vs. POLST: What’s the Difference?A living will is your own instructions; a DNR and a POLST are doctor's orders. Learn how each works, who signs it, and which ones emergency responders follow.
- How Much Does a Will Cost? Lawyer vs. Online vs. DIYA simple will can cost nothing or several thousand dollars depending on how you make it. Compare attorney, online and DIY costs, and what's included at each price.
- Do You Need a Lawyer to Make a Will?No state requires a lawyer to make a valid will, and many people can do it themselves. Here's when a DIY or online will works and when an attorney is worth it.
- Last Will vs. Living Will: What’s the Difference?A last will controls your property after death; a living will states your medical wishes while you're alive. Learn how they differ and why most adults need both.
- Executor vs. Trustee: What’s the Difference?An executor settles your estate through probate under your will; a trustee manages assets held in a trust, sometimes for years. Compare their roles, powers and how to choose.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.