Let’s face it. Many of us are online — a lot. And much of what we own, manage and share exists online. From our email accounts and cloud storage to online banking, digital assets are increasingly valuable — both personally and financially. But without proper planning, your loved ones may struggle to access or manage those assets when you’re gone.
A comprehensive estate plan today must include your digital life to ensure your wishes are respected, sensitive information is protected and potential liabilities are minimized.
Why digital estate planning matters
Most people manage dozens of digital accounts — social media, email, financial services, subscriptions, cloud storage and more. Yet many traditional wills and trusts still overlook these assets.
Without clear instructions and legal authority:1
- Accounts could remain inaccessible or frozen
- Valuable digital property could be lost forever
- Family members may face lengthy legal processes or disputes
- Criminals may misuse your identity after death
In 2025, reported identity theft in the U.S. continued at record levels, with more than 1.15 million cases reported in the first nine months, surpassing the total for all of 2024.2
Digital assets versus digital accounts
It’s important to differentiate between digital assets and digital accounts. They are different.
Digital assets include digital files or electronic property that hold personal, sentimental or financial value. This includes things digital photos, videos, domain names and personal files.
Digital accounts, such as email, social media or subscription services, are often governed by terms of service, meaning you may not technically “own” them in the traditional property sense.
This difference affects how these items can be transferred after death.
Legal framework: RUFADAA and your estate documents
In the U.S., access to digital assets after death is governed in most states by the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). Under RUFADAA:
Fiduciaries (like executors or trustees) can access digital assets only if the account owner provides explicit permission in estate planning documents.3
Without this authorization, service providers may withhold access under privacy laws and terms of service. That’s why sharing usernames or passwords informally is not enough. Legal consent must be documented.
Steps to build your digital legacy plan
Given these considerations, it’s crucial that you include digital assets and accounts in your estate plan. These tips as part of a larger estate plan can help you protect your financial and digital well-being.
1. Create a digital asset inventory. Document all your digital accounts and assets, including:
- Account names and service providers
- Usernames
- Where login information is stored
- Location of devices and security keys
Don’t include passwords directly in your will — wills often become public during probate. Instead, reference a secure list held separately.
2. Decide how each digital asset should be handled. For each asset, specify whether you want it:
- Transferred to a beneficiary
- Retained by your estate
- Closed or deleted after death
- Be clear about sentimental assets (photos, videos) versus financial assets (crypto, monetized content)
3. Designate a digital executor or grant explicit authority. Choose a trusted person familiar with technology and legally grant them the authority to:
- Access and manage digital assets
- Close or transfer accounts
- Execute your wishes for each digital item
In your will, trust or power of attorney, reference digital assets explicitly to ensure fiduciaries have legal authority under RUFADAA.
4. Securely store your plan and communicate it. Your digital estate information should be stored securely, such as:
- A reputable password manager with emergency access features
- An encrypted digital vault
- With your estate attorney or fiduciary
Make sure trusted individuals know how to locate and access these resources when needed.
5. Use tools designed for estate-ready digital management. Consider using:
- A password manager that supports legacy access
- A digital vault that can hold instructions, keys and documents
- Online tools offered by major technology platforms (e.g., legacy contacts on social media) — but ensure these align with your estate documents.
Ongoing updates and communication
Digital life is evolving exponentially. Review your digital asset plan regularly and whenever you add or remove accounts, and keep your fiduciaries informed of significant changes.
