Digital Estate Planning
Estate Planning for Digital Assets and Accounts: What You Need to Know in 2025
In today’s digital-first world, estate planning no longer involves only physical assets and financial accounts. From social media and email to cryptocurrency and cloud storage, your digital life may hold both sentimental and financial value. If you’re planning your estate, it’s critical to consider your digital assets to ensure your loved ones can access, manage, or memorialize them according to your wishes.
What Are Digital Assets?
Digital assets include:
- Social media accounts (Facebook, Instagram, LinkedIn)
- Email accounts (Gmail, Outlook, etc.)
- Cloud storage (Google Drive, Dropbox, iCloud)
- Media and subscription services (Netflix, Spotify, Kindle books)
- Financial platforms (PayPal, Venmo, cryptocurrency wallets)
- Business-related accounts (websites, digital storefronts, streaming channels)
Unlike tangible property, digital assets are governed by platform-specific terms of service rather than traditional property law—making proactive planning essential.
⚖️ Legal Considerations: Password Sharing and the Computer Fraud and Abuse Act (CFAA)
One of the most misunderstood risks in digital estate planning is the unauthorized access to digital accounts. Even with good intentions, logging into a deceased loved one’s account without proper legal authority can potentially violate federal law—specifically, the Computer Fraud and Abuse Act (CFAA).
What is the CFAA?
The CFAA is a federal law originally enacted to combat computer hacking. Under this law, it is illegal to:
“Access a computer without authorization or exceed authorized access.”
This includes logging into someone’s account using their password—even if you are a family member and that person grants you permission—if you are not authorized to do so by the service provider.
How to Comply:
- Include express written consent in your estate planning documents authorizing your fiduciary to access digital assets.
- Rely on built-in tools offered by major platforms (such as Google’s Inactive Account Manager or Apple’s Digital Legacy) to stay compliant.
- Don’t use someone’s password posthumously. If you have been explicitly authorized through legal documents you should contact the provider for instructions.
- Don’t access a deceased person’s account unless you have been designated as a Legacy Contact/Digital Executor.
Steps to Include Digital Assets in Your Estate Plan
- Take Inventory
List all your digital accounts and assets, including:
- Account usernames
- Associated email addresses
- Whether two-factor authentication is enabled
Avoid writing passwords in your will, which becomes a public document.
- Appoint a Digital Executor
Name a digital executor in your estate planning documents—someone authorized to manage your digital assets. This role is recognized in many states under modern estate laws.
- Include Proper Legal Authorization
Your documents should grant your executor authority under the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This ensures they can lawfully access your accounts without violating federal or state laws.
Managing Key Digital Accounts: Instructions for Major Platforms
Apple (iCloud, Photos, iTunes)
Use the Digital Legacy feature to name trusted contacts.
- Go to: Settings > [Your Name] > Password & Security > Legacy Contact
- Add up to 5 contacts
- Share the access key securely
Your Legacy Contact will need both the access key and a death certificate to retrieve your data.
Set a Legacy Contact or request account deletion after death.
- Go to Settings > Memorialization Settings
- Choose a Legacy Contact
- Or select “Request account deletion after death”
Google (Gmail, Google Drive, YouTube)
Use Inactive Account Manager to allow trusted contacts access after a period of inactivity.
- Visit: https://myaccount.google.com/inactive
- Choose time frame, contacts, and what data to share
- Optionally, have your account deleted
Final Thoughts
As our lives become increasingly digital, estate planning must evolve to address both legal and technological challenges. Ensuring your loved ones have lawful access to your digital legacy—without risking liability—is an essential part of modern estate planning.