In an era when our lives are increasingly lived online, your estate plan may need to reach far beyond just homes, bank accounts, or personal property. Between social media profiles, email, digital photos, subscription services, cryptocurrency, and everything in between, “digital assets” are now a meaningful part of nearly everyone’s legacy. Taking some time now to plan what happens to these assets can save your loved ones legal headaches, privacy risks, and emotional burden later. How do I include my digital assets in my estate planning documents? And, how do I protect my digital legacy? Continue reading to find the answers to your questions and to learn how to protect your online assets in your estate plan.
What counts as online assets, and why they matter
“Digital assets” is a broad umbrella. For many people, it includes email accounts, social networks (Instagram, Facebook, X formerly Twitter, LinkedIn), cloud storage of photos and documents, loyalty or reward programs like airline miles and credit card points, online banking and cryptocurrency wallets, blogs or websites, and even digital subscriptions to streaming services and apps. Some are purely sentimental, such as family photos and personal messages. Others have possible monetary or legal value, like domain names, monetized YouTube or blogging platforms, and cryptocurrency.
Why do these assets matter? When someone dies or becomes incapacitated, executors or trustees may need access to accounts. They’ll need access not only to distribute or preserve value, but also to handle practical tasks such as closing accounts, paying bills, and shutting off subscriptions, and to avoid identity theft or misuse. Without planning, digital assets can be locked away forever because of service providers’ terms of service, lack of access credentials, or privacy laws.
Legal framework: RUFADAA and New York’s law for digital assets
To address this problem, many states have adopted laws based on the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). Under RUFADAA, you can give fiduciaries the authority to access certain digital assets after death or incapacity. Examples of fiduciaries include your executor, trustee, or someone designated under a power of attorney. The key idea is to balance your privacy with the need for legal access in settling an estate. If you’re giving someone the ability to handle your estate, they cannot fully help you without the keys to your digital assets.
In New York, there is a specific statutory framework for this. In 2016, New York adopted Article 13‑A of the Estates, Powers and Trusts Law (EPTL), titled “Administration of Digital Assets.” This gives people the ability to authorize fiduciaries to access their digital assets through legal documents such as a will, trust, power of attorney, or via an online tool when offered by providers. Courts in New York treat these laws as overriding, in many circumstances, the restrictive terms of service agreements that platforms may have.
Key steps to protect your digital legacy
Planning ahead can make a big difference. Here are things to do:
- Inventory everything
Make a list of all your online accounts. This includes your emails, social media, financial apps, streaming, and crypto wallets, to name a few. Include usernames, passwords, recovery methods, two‑factor authentication details, and where encryption keys are stored. Update this regularly. - Designate fiduciaries with digital authority
In your will, trust, or power of attorney, explicitly name someone to manage your digital assets. Make sure you include language giving them access under your state’s digital‐asset law. In New York, for example, referring to EPTL Article 13-A will help ensure fiduciaries have legal backing. - Use online tools where available
Some providers have legacy tools or settings. Examples of these include “legacy contact,” data memorialization, or account inactivity managers. Using these helps your instructions be honored more smoothly when offered. - Be clear about what you want done
Sometimes people simply say, “Give all my digital assets to my spouse and family,” but that can leave ambiguity about what counts. Are you referring to your emails or your messages? And does this include your personal photos? You must specify which private content is shared and whether accounts are memorialized or closed. It is better to include specific instructions, such as delete photos, close social media, or transfer domain names. - Safely store credentials and instructions
Whether in a secure physical document, password manager, or encrypted digital safe, ensure your executor or trustee knows how to get access. If someone has no access or loses keys, the asset might as well not exist. - Review often
Digital services change, terms of service change, platforms disappear, and encryption standards evolve. Revisit your digital-asset clauses in your plans every year and when you adopt a new technology.
Legal limitations and things to watch out for
Even with good planning, digital assets face extra complications. Service providers may have strict agreements that restrict access. Some jurisdictions or providers limit what fiduciaries can see. For example, they might grant access to metadata or a catalogue of communications, but not content. Privacy laws or statutes may impose restrictions, especially over email or messaging content. Also, for vulnerable persons like the elderly or those with declining capacity, there may be extra legal checks to ensure consent was informed and not coerced. In New York, while Article 13‑A gives strong rights, fiduciaries still must follow formal procedures, such as showing authority and providing necessary documentation, before providers will turn over assets. Missing or poorly phrased will or trust instructions can lead to delays or litigation.
The bottom line on estate planning in the digital age
Putting digital assets into your estate plan is the smart thing to do. Think about all of your precious memories stored online and all of the assets that are only attainable through an online portal and a password. Making a clear plan for these valuables will protect your stories, your privacy, your business, and your loved ones. You wouldn’t want your family to struggle with locked accounts, forgotten logins, or having to guess what you would have wanted. Sit down and make a list of your online accounts and passwords, and how you want them tended to if you pass away or are ever incapacitated in the future. These assets deserve thoughtful consideration. By taking simple steps now and using your lawfully recognized digital-asset tools, you can make tomorrow smoother for everyone who matters.
Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com
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