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Modern lives exist as much online as offline. Email accounts, social media profiles, digital photos, financial accounts, and cloud storage contain decades of memories, important documents, and sometimes significant financial value. Yet most estate plans fail to address these digital assets, leaving families locked out of accounts, unable to access important information, or struggling to close online presences after death.

Digital legacy planning ensures your online accounts, digital assets, and electronic information are managed according to your wishes when you die or become incapacitated. This guide explains what digital assets are, why planning matters, legal considerations, and practical steps to protect your digital legacy. Please watch this short summary video and download the pdf worksheet to help you with your digital assets and legacy planning.

Understanding Digital Assets

Digital assets encompass anything stored electronically that has value, whether financial, sentimental, or practical.

Financial Digital Assets

These assets have direct monetary value or provide access to financial resources.

Online banking and financial accounts include checking and savings accounts accessed through bank websites or apps, investment accounts and brokerage platforms, credit card accounts, and payment services like PayPal, Venmo, or Zelle.

Cryptocurrency holdings such as Bitcoin, Ethereum, or other digital currencies stored in online exchanges or personal digital wallets represent potentially significant value that can be permanently lost if access information is not preserved.

Business assets include online businesses, e-commerce stores, affiliate marketing accounts, revenue-generating websites or blogs, and domain names that may have resale value.

Digital storefronts like Amazon seller accounts, Etsy shops, or eBay businesses continue generating income that beneficiaries should be able to access.

Personal Digital Assets

These assets hold sentimental or personal value rather than direct financial worth.

Email accounts contain years of correspondence, important documents sent as attachments, contacts and address books, and often serve as recovery mechanisms for other accounts.

Photos and videos stored on phones, computers, cloud services like Google Photos or iCloud, social media platforms, or specialized photo storage sites preserve irreplaceable family memories.

Social media accounts on platforms like Facebook, Instagram, Twitter, LinkedIn, and TikTok contain personal posts, messages, connections, and digital representations of your life and relationships.

Personal documents including word processing files, spreadsheets, PDFs stored on computers or in cloud storage like Google Drive, Dropbox, or OneDrive may contain important information ranging from recipes to research to creative works.

Intellectual Property and Creative Works

Digital creative works can have both sentimental and financial value.

Written works such as blogs, articles, manuscripts, poetry, or journals represent creative expression and potentially income-generating content.

Music, art, and videos created and stored digitally may have artistic or commercial value.

Software, code, or digital products developed by the deceased could have ongoing value or licensing potential.

Accounts and Subscriptions

Digital life includes numerous accounts that should be managed or closed after death.

Subscription services for streaming platforms, software, cloud storage, news sites, or specialty services may continue charging if not canceled.

Gaming accounts on platforms like Steam, PlayStation Network, or Xbox Live may contain purchased games, in-game currency, or items with value.

Reward programs and loyalty accounts for airlines, hotels, retailers, or credit cards may have accumulated points or miles that can be transferred or used by beneficiaries in some cases.

Professional accounts on platforms like LinkedIn, professional organizations, or industry-specific sites should be appropriately managed to protect professional reputation.

Why Digital Legacy Planning Matters

Failing to plan for digital assets creates numerous problems for surviving family members.

Access Challenges

Without proper planning, loved ones face significant barriers accessing your digital information.

Legal restrictions under computer fraud laws and terms of service agreements may technically prohibit others from accessing your accounts even after death. The federal Computer Fraud and Abuse Act makes unauthorized access to computer systems illegal, and family members technically lack authorization to access your accounts without proper legal authority.

Technical barriers such as encryption, two-factor authentication, biometric security, and password protection prevent access even when family members have legal authority.

Lost information occurs when families cannot access accounts containing important documents, financial records, tax information, or irreplaceable photos and memories.

Financial Implications

Digital assets often have significant financial value that can be lost without proper planning.

Inaccessible funds in online bank accounts, payment services, or cryptocurrency wallets may be impossible to recover without access credentials.

Ongoing charges from subscription services continue draining accounts if loved ones cannot access and cancel them.

Lost income from online businesses, rental properties managed through apps, or digital storefronts stops flowing if accounts cannot be accessed.

Missed benefits such as life insurance policies purchased online, retirement accounts managed digitally, or reward program balances may never be claimed if family members do not know they exist.

Emotional and Practical Concerns

Digital legacy planning addresses emotional needs and practical realities of modern life.

Preserving memories stored only digitally becomes impossible if families cannot access photo libraries, email archives, or social media accounts containing important life documentation.

Identity theft and fraud become easier if accounts remain active and unmonitored after death, allowing criminals to impersonate the deceased or access sensitive information.

Social media presence raises questions about what should happen to profiles. Some families want accounts memorialized to preserve the person’s digital presence. Others prefer accounts deleted. Without planning, families may be unable to implement wishes.

Professional reputation requires appropriate handling of professional social media accounts, websites, or online portfolios to respect the deceased’s career legacy.

Legal Framework for Digital Assets

Laws governing digital asset access after death vary by jurisdiction and continue evolving.

The Revised Uniform Fiduciary Access to Digital Assets Act

Most U.S. states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which provides legal framework for fiduciaries like executors or agents to access digital assets.

How RUFADAA works:

The law creates a three-tier system for determining access. First priority goes to directions you provided using online tools offered by the custodian, such as Google’s Inactive Account Manager or Facebook’s legacy contact settings.

Second priority goes to directions in your will, trust, power of attorney, or other legal documents specifically addressing digital assets.

Third priority defaults to the service provider’s terms of service if you provided no other directions.

What RUFADAA allows:

Executors and trustees can access the “catalog of electronic communications” (list of contacts and communications received and sent) but not necessarily content of communications unless specifically authorized.

Access to other digital assets like photos, documents, and non-communication files is generally permitted.

Limitations:

RUFADAA does not override federal law. Service providers can still restrict access based on their terms of service. Privacy protections may limit access to communications.

Terms of Service Agreements

Every online account is governed by terms of service agreements that specify what happens to accounts after death.

Varying policies:

Some services allow account transfer or access by designated individuals. Others require account deletion after death. Many services have no clear policy or make access extremely difficult even for legal representatives.

Potential conflicts:

Terms of service may conflict with your wishes or state law. Some agreements prohibit sharing passwords or allowing others to access accounts, creating legal ambiguity when executors need access.

Federal Privacy Laws

Electronic Communications Privacy Act and other federal privacy laws protect electronic communications and may restrict fiduciary access even after death.

These laws create tension between privacy protection and practical need for fiduciaries to access accounts to administer estates.

Creating Your Digital Asset Inventory

The foundation of digital legacy planning is a comprehensive inventory of your digital assets and access information.

Inventory Contents

Your digital asset inventory should include several key pieces of information for each account.

Account identification: List the service or platform name, account username or email address used for login, and account URL or website.

Access information: Include passwords or note where passwords are stored, security questions and answers if used, and two-factor authentication methods and backup codes.

Account value and importance: Note financial value if applicable, sentimental importance such as photos or memories, and any ongoing financial obligations like subscriptions.

Instructions: Specify whether you want the account maintained, transferred, memorialized, or deleted after your death.

Organization Methods

Several approaches work for organizing digital asset information.

Password manager:

Services like LastPass, 1Password, or Dashlane securely store passwords and account information. Many offer emergency access features allowing designated individuals to request access after a waiting period. This provides security during life while ensuring access when needed.

Encrypted document:

Create a spreadsheet or document listing all accounts and access information. Encrypt the file with a strong password. Store the encryption password in your safe or provide it to your attorney or trusted person through a sealed envelope. Update the document regularly as you add or change accounts.

Physical notebook:

A handwritten ledger, like a legacy journal kept in a secure location like a home safe provides a low-tech solution. Include all account information but secure the notebook carefully since it contains sensitive information. Update regularly and ensure designated individuals know where to find it.

Combination approach:

Use password manager for everyday convenience and security. Create encrypted backup document with complete information. Store encryption password or password manager master password with estate planning documents (aff) or attorney.

Security Considerations

Balancing accessibility for beneficiaries against security during your lifetime requires careful planning.

Never store passwords in plain text in easily accessible locations. Do not email yourself lists of passwords or store them in unsecured documents on your computer.

Regularly update your inventory as you create new accounts, close old ones, or change passwords.

Limit access to password information during your lifetime. Only trusted individuals should know how to access your password manager or encrypted documents.

Consider timing of access. Password manager emergency access features typically include waiting periods (24-48 hours) to prevent unauthorized access while allowing eventual access for legitimate purposes.

Platform-Specific Legacy Features

Many major platforms offer built-in tools for managing accounts after death.

Google Inactive Account Manager

Google allows you to specify what happens to your Gmail, Drive, Photos, and other Google service data if your account becomes inactive.

You set an inactivity timeout period (typically 3 to 18 months). Google sends warning emails before considering your account inactive. After the timeout period, Google can either delete your account and data or share access with up to 10 trusted contacts you designate. You can specify which data services each contact can access.

This feature provides automated legacy management without requiring others to access your password.

Facebook Memorialization and Legacy Contact

Facebook offers two options for accounts after death.

Legacy contact: You designate someone to manage your memorialized account. This person can write a pinned post, respond to friend requests, update profile and cover photos, and download an archive of your photos, posts, and profile information. They cannot log in as you, read messages, or remove past content.

Account deletion: You can request that Facebook permanently delete your account after death instead of memorialization.

Settings for these options are located in Facebook’s settings under “Memorialization Settings.”

Instagram and Other Meta Platforms

Instagram, owned by Meta like Facebook, offers similar memorialization options. You can request memorialization or deletion through Instagram settings or by family members submitting death certificate.

Apple Legacy Contact

Apple’s Digital Legacy program lets you designate legacy contacts who can access your iCloud data after death.

Legacy contacts can access photos, messages, notes, files, contacts, calendar events, apps you downloaded, and device backups. They cannot access licensed media, payment information, or passwords stored in keychain.

You generate an access key for each legacy contact. After your death, they present the access key and death certificate to Apple to gain access.

Other Platform Policies

Twitter, LinkedIn, and other major platforms each have their own policies ranging from memorialization to account deletion. Review policies for services you use and take advantage of available legacy features.

Including Digital Assets in Estate Planning Documents

Legal estate planning documents should specifically address digital asset access and management.

Digital Asset Clauses in Wills and Trusts

Include specific language authorizing your executor and trustee to access digital assets.

Typical language grants executor the authority to access, manage, and distribute digital assets, including the right to access computers, devices, and accounts, authority to obtain passwords and access information, power to continue, modify, or terminate online accounts, and ability to manage social media presence according to your instructions.

Consult your attorney about appropriate language for your jurisdiction, as digital asset law continues evolving.

Powers of Attorney for Digital Assets

Both financial and healthcare powers of attorney should address digital assets.

Your financial power of attorney should authorize your agent to access financial accounts managed online, pay bills and manage subscriptions electronically, and access information needed to manage your financial affairs.

Healthcare power of attorney might include authority to access health information stored digitally and manage healthcare-related apps or accounts.

Letter of Intent for Digital Assets

A letter of intent supplements legal documents with detailed instructions about your digital life.

Include usernames and general instructions (specific passwords should be in separate secure document), preferences for each major account or category of accounts, instructions for handling social media presence, guidance about photos and personal content, and information about online businesses or income sources.

Update this letter regularly as your digital life changes.

Practical Steps for Digital Legacy Planning

Implement your digital legacy plan through specific actions.

Step 1: Create Comprehensive Inventory

List every online account, subscription, and digital asset. Include access information and importance. Organize in secure, accessible format.

Step 2: Use Platform Legacy Features

Set up Inactive Account Manager on Google. Designate Facebook legacy contact. Configure Apple legacy contact. Review and configure settings on other major platforms.

Step 3: Update Estate Planning Documents

Work with attorney to add digital asset clauses to will, trust, and powers of attorney. Ensure documents comply with RUFADAA or your state’s digital asset laws.

Step 4: Designate Digital Executor

Consider whether your executor is tech-savvy enough to handle digital assets or whether you should designate a separate digital executor. Inform designated individuals and provide necessary access information.

Step 5: Secure Access Information

Use password manager with emergency access feature. Create encrypted backup of account information. Store master password or encryption key with attorney or in secure location. Provide clear instructions on how to access information when needed.

Step 6: Communicate with Family

Discuss your wishes for digital assets with family members. Explain where to find access information. Share preferences for social media and online presence.

Step 7: Regular Reviews

Update inventory quarterly or whenever you open or close significant accounts. Review and update platform legacy settings annually. Ensure estate planning documents remain current.

Special Considerations

Certain digital assets require additional planning attention.

Cryptocurrency

Digital currency poses unique challenges because it can be permanently lost if access information is not properly preserved.

Store private keys, wallet passwords, and recovery phrases securely. Consider using hardware wallet stored in safe deposit box. Provide clear instructions on how to access and transfer cryptocurrency. Consider whether your executor has necessary knowledge to manage cryptocurrency or whether specialist assistance will be needed.

Cryptocurrency is bearer asset, meaning whoever has access controls it. Treat access information with extreme care.

Online Businesses

If you earn income from websites, blogs, e-commerce, or other online businesses, include detailed information in your digital legacy plan.

Document all revenue sources, advertising accounts, affiliate relationships, and payment processor accounts. Provide information about website hosting, domain registrations, and content management systems. Consider whether business can or should continue operating after your death. If valuable, include business as asset in estate plan with appropriate instructions for transfer or sale.

Intellectual Property

Digital creative works may have ongoing commercial value through licensing, royalties, or sales.

Specify ownership and rights to digital creative works in your estate planning documents. Provide information about any existing licensing agreements or revenue streams. Consider whether works should be published, continued, or archived. Address copyright and permissions for online content.

Sensitive Information

Some digital assets contain sensitive information requiring special handling.

Consider whether certain communications, documents, or accounts should be deleted rather than transferred. Provide guidance about private journals, personal writings, or confidential communications. Balance privacy concerns against historical or family value.

Common Mistakes to Avoid

Understanding frequent errors helps you avoid them.

Forgetting to Plan

The most common mistake is simply not addressing digital assets in estate planning. Most people underestimate the extent of their digital life and assume someone will figure it out after death.

Sharing Passwords Insecurely

Never email passwords to yourself or others. Do not store passwords in unsecured documents. Avoid sharing access information through insecure methods.

Violating Terms of Service

Be aware that sharing passwords technically violates terms of service for most accounts. Use platform-provided legacy features when available rather than sharing passwords unnecessarily.

Not Updating Information

Digital life changes constantly. Outdated inventory listing closed accounts or old passwords provides little help. Regular updates are essential.

Choosing Wrong Digital Executor

Not everyone is suited to manage digital assets. Choose someone with technological capability and understanding of your digital life.

Forgetting About Subscriptions

Monthly subscriptions can drain thousands from estate before anyone notices. Provide complete list so executor can cancel unnecessary charges promptly.

Taking Action on Your Digital Legacy Plan

Begin with inventory of your most important digital assets and access information. Set up available platform legacy features on Google, Facebook, Apple, and other services you use regularly. Discuss digital asset wishes with family and designated individuals. Update estate planning documents to include digital asset provisions. Implement secure system for storing and accessing password information.

Digital legacy planning is ongoing process requiring regular attention as technology and your digital life evolve. Starting today, even with basic steps, provides significantly more protection than no planning.

Your digital life represents years of memories, communications, and sometimes significant financial value. Taking time to plan ensures this important part of your legacy is protected and managed according to your wishes.

Additional Resources

The Digital Legacy Association at https://digitallegacyassociation.org provides information and resources about digital estate planning.

Your state attorney general or bar association websites may have information about digital asset laws in your jurisdiction.

Memorial Merits offers comprehensive legacy planning resources including downloadable inventory templates and 24/7 support through Solace at https://memorialmerits.com/meet-solace/

Protecting your digital legacy ensures important aspects of your life are not lost and provides your family the access they need to properly settle your affairs and preserve your memories.