Digital estate planning is the process of organizing and giving trusted people legal authority to manage your digital assets and online accounts if you become incapacitated or after you die.
Today, much of our financial, personal, and professional lives exist online. Without proper planning, loved ones may have difficulty accessing important accounts or carrying out your wishes.
Common digital assets include:
- Email accounts
- Online banking and investment accounts
- Social media profiles
- Cloud storage (Google Drive, iCloud, Dropbox)
- Cryptocurrency wallets
- Online businesses and websites
- Digital photos, videos, and documents
- Subscription services and loyalty rewards
- Domain names and web hosting accounts
A digital estate plan typically includes:
An inventory of digital assets with account names and where they are located (avoid putting passwords directly in your will, since it becomes a public record during probate).
- A secure method for storing passwords, such as a password manager, and instructions for how a trusted person can access it.
- Designation of a digital executor or trusted agent who has authority to manage your digital assets.
- Legal documents, such as a will, trust, durable power of attorney, or other estate planning documents, that specifically authorize someone to handle digital assets in accordance with applicable law.
- Instructions for each account, such as whether you want it deleted, memorialized, transferred, or preserved.
Why digital estate planning matters
Without a plan, your loved ones may face obstacles such as:
- Inability to access important financial accounts.
- Loss of valuable photos or documents.
- Difficulty closing or memorializing social media accounts.
- Ongoing subscription charges.
- Loss of income from online businesses or digital assets.
- Delays caused by privacy laws and service provider policies.
Digital estate planning in California
For California residents, digital assets are generally governed by the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which establishes when fiduciaries—such as executors, trustees, or agents under a power of attorney—may access a person’s digital assets.
Access often depends on:
- The deceased’s consent.
- The terms of the online service provider.
- The authority granted in the estate planning documents.
Because many online platforms have their own account management tools (for example, legacy contacts or inactive account settings), it’s wise to coordinate those settings with your overall estate plan.
Digital estate planning is becoming an essential part of modern estate planning, helping ensure your online presence, financial assets, and digital memories are managed according to your wishes while making the process easier for your loved ones.