Digital Estate Planning: What Happens to Your Online Accounts

How to give trusted people access to your email, photos, social accounts and digital money.

By No Brainer Forms Team Updated 3 min read

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:

  1. The company’s online tool, if you used it, controls first.
  2. Your will, trust or power of attorney controls next, if it addresses digital assets.
  3. 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

StepToolWhat it does
Set up legacy contactsGoogle Inactive Account Manager, Apple Legacy Contact, Facebook legacy contactGives a named person access or control when you die or go inactive
Authorize access in legal documentsWill, trust, financial power of attorneyGives your executor or agent legal authority over digital assets
Keep an inventoryLetter of instruction or a secure listTells people which accounts exist and what to do with each
Secure the passwordsPassword manager with emergency accessLets the right person in without exposing passwords publicly
Plan for cryptoSecure record of wallets and recovery phrasesPrevents permanent loss of funds
Tools for each part of your digital estate plan

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

Can my executor access my email after I die?

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.

Should I put my passwords in my will?

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.

What happens to my social media accounts when I die?

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.

What happens to cryptocurrency if no one has the keys?

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.

Does my power of attorney cover digital accounts?

Only if it grants that authority. Many modern forms include digital assets; if yours doesn’t, consider updating it.

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Don’t leave your family guessing

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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.