We carry ourselves in the palm of our hand.

In today’s world, our digital lives have expanded from simply an email account and online banking login to a virtual reality that we control from the phone we carry with us nearly everywhere. From online financial accounts and cryptocurrency to social media profiles, streaming services, travel loyalty programs and digital photos, our ever-expanding digital footprint requires attention in our estate plan.

The average person has over 90 online accounts, many containing valuable information, digital assets, or financial resources. Unlike physical assets that can be discovered during estate administration, digital assets may remain hidden without proper documentation and access instructions. Without proper planning, these assets can become inaccessible, lost forever, or vulnerable to identity theft after your death.

Important Factors to Consider in Digital Estate Planning

Provider Terms of Service

Most online platforms have Terms of Service agreements that often prohibit account transfers upon death. These agreements can create significant barriers for executors trying to access accounts, even with court orders.

Federal Laws

The Computer Fraud and Abuse Act (CFAA) and the Stored Communications Act (SCA) can criminalize unauthorized access to digital accounts, even by family members or executors. These laws were created to protect privacy but can complicate legitimate estate administration.

State Laws

The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted by most states, provides a legal framework for fiduciary access to digital assets. However, implementation varies by state, and the law still generally gives priority to the service provider’s terms of service.

Steps to Take When Creating an Estate Plan for Digital Assets

1. Create a Digital Asset Inventory

Develop a comprehensive inventory of your digital assets. For each account, document the platform name, username/email address used, and the purpose of the account. Be sure to store this inventory securely, updating it regularly.

• Email accounts
• Social media profiles
• Financial accounts (banking, investment, cryptocurrency)
• Subscription services (streaming, shopping, etc.)
• Cloud storage accounts
• Domain names and websites
• Digital collections (music, books, photos)
• Online gaming accounts
• Loyalty program accounts

2. Include Digital Directives in Legal Documents

When updating your estate planning documents, be sure to include specific digital directives. These should explicitly authorize your fiduciary to access, manage, modify, delete, and control your digital assets. We recommend discussing with your attorney about including this language in the following documents:

• Will
• Power of Attorney
• Trust documents
• Side Letter of instruction

3. Store Digital Login Information Securely

While including passwords in your will isn’t recommended (as wills become public record when you pass away), consider using a password manager with an emergency access feature or creating a separate confidential document with access information. The location of this document and/or password manager login should be stored securely and shared with the individuals who will be your agents.

4. Use Platform-Specific “Legacy Tools”

Many online platforms now offer legacy planning tools. These tools allow you to designate someone to manage or memorialize your accounts after death. Below are some of the more common platforms and the name of their specific tool. When you designate someone as your legacy contact, be sure to let them know.

• Google’s Inactive Account Manager
• Facebook’s Legacy Contact
• Apple’s Digital Legacy program
• Microsoft’s Inactive Account Manager
• Instagram’s Memorialization settings

5. Talk with Your Family

Have open conversations with family members about your digital asset inventory and your wishes for your digital accounts. If there are sentimental digital assets, like photos, messages or other content with sentimental value, be sure to let your loved ones know not just the “where”, but also the “why”. And don’t forget to make sure your executor knows where and how to access all of this important information!

Digital estate planning is no longer optional in our increasingly digital world. By taking proactive steps now, you can ensure your digital assets are managed according to your wishes, prevent identity theft, protect valuable or sentimental digital content, and save your loved ones from unnecessary stress and complications during an already difficult time. Review and update your digital estate plan regularly as your digital footprint evolves and as platforms and laws change.

Preparing for your digital afterlife today is truly an act of love. You provide clarity and peace of mind for those who will be managing this part of your life when you no longer can.