Digital Estate Planning Guide
Quick Answer
Digital estate planning involves inventorying your online accounts, designating a digital executor, using the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) provisions, and including digital asset instructions in your will or trust to ensure your online presence and digital property are handled according to your wishes after death or incapacity.
Step-by-Step Guide
- 1Create a comprehensive digital asset inventory
List all of your digital assets and accounts, including: email accounts, social media profiles (Facebook, Instagram, LinkedIn, X/Twitter), cloud storage (Google Drive, Dropbox, iCloud), cryptocurrency wallets and exchanges, domain names and websites, online banking and investment accounts, digital subscriptions (streaming, software, news), online businesses and revenue-generating accounts (YouTube, Etsy, Amazon seller), digital photos and videos, and loyalty program accounts. Include the username or email associated with each account. Store this inventory securely and update it regularly.
- 2Understand the legal framework for digital assets
The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted by 49 states and D.C. as of 2025, establishes a framework for fiduciary access to digital accounts. Under RUFADAA, access is determined by a three-tier priority system: (1) the user's instructions in the platform's own tools (like Google Inactive Account Manager or Facebook Legacy Contact), (2) the user's instructions in a will, trust, or power of attorney, and (3) the platform's terms of service. Your explicit instructions override the platform's default terms.
- 3Use platform-specific legacy and inactive account tools
Major platforms offer built-in tools for managing accounts after death or inactivity. Google Inactive Account Manager lets you designate someone to receive data or delete your account after inactivity. Facebook Legacy Contact allows a designated person to manage your memorialized profile. Apple Digital Legacy allows contacts to access your iCloud data. Instagram and X/Twitter allow account memorialization or deletion upon request by verified family members. Set up these tools now, as they take the highest priority under RUFADAA.
- 4Designate a digital executor
Name someone to manage your digital assets in your will or power of attorney. This can be the same person as your general executor, or a different, more tech-savvy individual. Your digital executor should be someone comfortable with technology, trustworthy with sensitive information, and willing to handle the administrative burden of contacting multiple platforms. Grant them explicit authority to access, manage, distribute, or delete your digital accounts.
- 5Include digital asset provisions in your will or trust
Add specific provisions in your will or trust that: authorize your executor or trustee to access your digital accounts, specify what should happen to each category of digital assets (delete, memorialize, transfer, archive), address how to handle digital assets with financial value (cryptocurrency, online businesses, domain names), and reference your digital asset inventory (without including passwords in the will itself, as wills become public records during probate).
- 6Securely store access credentials
Store your passwords and access credentials separately from your will (which becomes a public document). Options include: a password manager with a master password shared with your digital executor, a sealed envelope stored in a safe deposit box or fireproof safe, or a digital legacy service. For cryptocurrency, securely store private keys, seed phrases, and wallet information; loss of these credentials means permanent loss of the assets. Never include passwords in your will.
State-by-State Differences
| State | Key Difference |
|---|---|
| California | California adopted RUFADAA effective January 1, 2017 (Cal. Prob. Code 870-884). California law gives priority to a user's directions in online tools, then directions in estate planning documents, then the platform's terms of service. California also allows a power of attorney to include authority over digital assets, and fiduciaries can request a catalog of electronic communications (metadata) but not the content unless specifically authorized. |
| Texas | Texas adopted RUFADAA effective September 1, 2017 (Tex. Est. Code Chapter 2001). Texas law provides the same three-tier priority system. Texas courts have authority to order custodians (platforms) to comply with fiduciary requests for access to digital accounts. The law applies to executors, administrators, trustees, guardians, and agents under a power of attorney. |
| Florida | Florida adopted the Florida Fiduciary Access to Digital Assets Act effective July 1, 2016 (Fla. Stat. 740.001-740.09). Florida law distinguishes between accessing a catalog of electronic communications (sender, recipient, date, subject line) and accessing the content of communications, with different authorization requirements for each. Fiduciaries must have specific authorization to access content. |
| New York | New York adopted RUFADAA effective September 29, 2016 (N.Y. Est. Powers & Trusts Law 13-A). New York gives the three-tier priority and allows fiduciaries to access digital assets with proper authorization. New York courts have been active in addressing digital asset disputes, particularly regarding cryptocurrency and social media accounts with financial value. |
| Illinois | Illinois adopted RUFADAA effective January 1, 2016 (755 ILCS 62). Illinois was one of the early adopters. Illinois law allows executors, trustees, and agents under a POA to access digital assets when authorized. The law specifically addresses the distinction between access to a catalog of communications and access to content, with content access requiring explicit user authorization. |
Common Mistakes to Avoid
Including passwords in your will
Consequence: Wills become public records during probate, meaning anyone can access the information contained in them. Including passwords in your will exposes all of your digital accounts to potential unauthorized access. Store passwords in a separate, secure location accessible only to your digital executor.
Not planning for cryptocurrency and digital financial assets
Consequence: Unlike traditional bank accounts, cryptocurrency cannot be recovered through institutional channels if access credentials (private keys, seed phrases) are lost. When a cryptocurrency holder dies without sharing access information, those assets are permanently lost. This has resulted in billions of dollars in inaccessible cryptocurrency globally.
Assuming your executor automatically has the right to access your digital accounts
Consequence: Under RUFADAA, platforms can deny access to fiduciaries unless the user has provided specific authorization through the platform's tools, estate planning documents, or both. Without explicit authorization, your executor may face months of legal proceedings to gain access to even basic account information.
Failing to set up platform legacy tools while you are alive
Consequence: Platform-specific legacy tools (Google Inactive Account Manager, Facebook Legacy Contact, Apple Digital Legacy) take the highest priority under RUFADAA and are the easiest path for your designee to gain access. These tools can only be set up while you are alive and competent. Without them, your executor must provide legal documentation to each platform individually.
Documents You'll Need
Last Will & Testament
Power of Attorney
Living Will
Frequently Asked Questions
Related Guides
This website provides legal information, not legal advice. The information on this page is for general informational purposes only. No attorney-client relationship is formed by using this site. Laws vary by jurisdiction and change frequently. For advice specific to your situation, consult a licensed attorney in your state.