November 12, 2025
You probably have thousands of dollars worth of digital assets scattered across the internet. Cryptocurrencies in various wallets, photos stored in the cloud, years of emails, social media accounts with sentimental value, and possibly even digital businesses or online storefronts. Without proper planning, your family might never access any of it.
Traditional estate planning documents weren’t written with Bitcoin wallets and Instagram accounts in mind. Our friends at Carpenter & Lewis PLLC discuss how the digital age has created new challenges for families trying to access deceased loved ones’ online accounts. A estate planning lawyer focuses on different legal matters, but estate planning attorneys now spend significant time addressing digital asset protection and transfer.
Physical property is straightforward. Your family knows about your house, your car, and the contents of your safe deposit box. But digital assets exist in password-protected accounts that your family might not even know about. Terms of service agreements for most online platforms prohibit sharing login credentials, even with family members.
When someone dies, banks and financial institutions have established procedures for proving death and transferring assets to beneficiaries or estate representatives. Tech companies don’t have the same systems. Some platforms will delete accounts after extended inactivity. Others lock accounts permanently when they learn the user has died.
The legal framework is still catching up. The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) has been adopted by most states and gives executors and trustees some legal authority to access digital accounts, but it’s not a complete solution. Many tech companies still make the process difficult.
Understanding what you own online helps you plan for it properly. Digital assets fall into several categories, each with different access challenges and estate planning considerations.
Financial Accounts: Online banking, PayPal, Venmo, investment platforms, and retirement accounts held digitally all contain real money or investment value. These accounts typically have beneficiary designation options or will pass through your estate according to your will.
Cryptocurrencies: Bitcoin, Ethereum, and other digital currencies stored in wallets or on exchanges represent potentially significant value. According to Pew Research Center, about 17% of American adults have invested in or used cryptocurrency. Without access to private keys or exchange passwords, these assets become permanently inaccessible.
Social Media and Email: Facebook, Instagram, Twitter, LinkedIn, Gmail, and similar accounts contain years of communications, photos, and memories. While they might not have monetary value, they hold enormous sentimental importance to families.
Digital Media and Subscriptions: iTunes libraries, Kindle books, Audible audiobooks, streaming service accounts, and gaming accounts often represent hundreds or thousands of dollars in purchases. However, you don’t actually own most of this content. You license it, and those licenses typically aren’t transferable.
Cloud Storage: Google Drive, Dropbox, iCloud, and similar services might contain the only copies of important documents, family photos, or business records. If no one can access these accounts, that information is lost forever.
Online Businesses: Blogs, YouTube channels, domain names, websites, and e-commerce stores can generate income and have real value. Without access credentials, these businesses simply disappear.
Cryptocurrencies present unique problems. Traditional financial institutions hold assets in accounts accessible through legal processes. Cryptocurrency stored in hardware wallets or non-custodial wallets requires private keys. If you’re the only person who knows those keys, your cryptocurrency becomes worthless to your heirs when you die.
We’ve seen estates where the deceased owned significant Bitcoin holdings, but the family couldn’t access them. The cryptocurrency still exists on the blockchain, but without the private keys, it’s permanently locked. There’s no customer service department to call, no account recovery option, and no way to prove ownership without the keys.
Some people write down seed phrases and private keys, then store them in safe deposit boxes or with important papers. Others use password managers with recovery options. Still others split keys among trusted family members. Each approach has risks and benefits.
Cryptocurrency security requires keeping private keys secret. But complete secrecy means your heirs can’t access the assets. You need to balance security against the need for eventual access. This might involve:
Never email private keys or store them in cloud documents. That creates security vulnerabilities. Physical storage in secure locations works better, but your executor needs to know where to find it.
Social media accounts don’t have inherent financial value, but they matter to families. Facebook offers legacy contact features that let you designate someone to manage your memorialized account. Google has an inactive account manager that can grant access to specified people if you don’t use your account for a set period.
Without planning, platforms handle accounts differently. Some memorialize them, freezing the content. Others eventually delete inactive accounts. A few allow families to request access, but the process is difficult and often unsuccessful.
Document your wishes for each platform. Do you want accounts deleted, memorialized, or handed over to family? Include these instructions in your estate plan and make sure your executor knows about all your accounts.
Start with an inventory. List every online account, platform, subscription service, and digital asset you own. Include account names, usernames (but not passwords initially), and information about what each account contains.
Store this inventory securely and tell your executor or trusted family member where to find it. Update it regularly as you create new accounts or close old ones.
For passwords, consider using a password manager with emergency access features. Services like LastPass, 1Password, and Dashlane offer ways to grant access to designated people after your death. This is more secure than writing passwords in documents but still provides eventual access.
Your will or trust should specifically address digital assets. Most state laws now allow fiduciaries to access digital accounts, but explicit authorization in your estate planning documents makes the process smoother. Include language that gives your executor authority to access, manage, and distribute digital property.
Many platforms’ terms of service prohibit sharing login credentials or transferring accounts. This creates tension with estate planning needs. RUFADAA gives executors legal authority that often overrides these restrictions, but tech companies don’t always comply readily.
Some services require death certificates and court documents before granting access. Others have specific estate request forms. A few make it nearly impossible, forcing families to choose between abandoning accounts or violating terms of service.
Your estate planning documents should acknowledge these challenges and give your executor broad authority to access accounts through whatever means necessary and legal. This might include using stored passwords, contacting companies with death certificates, or petitioning courts for additional authority.
If you run an online business, revenue might stop immediately when you die unless someone can step in. Payment processors, hosting services, and domain registrations all need attention. Customers or subscribers deserve notice and possibly refunds.
Business succession planning for digital enterprises requires documenting all aspects of operations. Where are accounts hosted? How do payments process? What are the login credentials? Who are the key vendors and partners? Without this information, even a valuable online business becomes worthless.
Consider creating a detailed operations manual that your executor or designated successor can follow. Include not just passwords but also step-by-step procedures for common tasks and contact information for everyone involved in running the business.
Your digital life represents years of memories, relationships, and possibly substantial financial value. Without planning, much of it will be lost when you die. Taking time now to inventory your accounts, secure your passwords in a way that allows eventual access, and update your estate planning documents to address digital property protects what you’ve built and the people you’ll leave behind. Modern estate planning isn’t just about houses and bank accounts anymore, and making sure your digital legacy is part of your overall plan gives your family the tools they need during an already difficult time.
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