How to Include Digital Assets in Your Will or Estate Plan

How to Include Digital Assets in Your Will or Estate Plan

Table of Contents

In 2025, our lives are increasingly lived online — from photos stored in the cloud and social media accounts to cryptocurrency wallets and digital businesses. But have you ever stopped to think: What happens to all of that when you die?

Your digital life needs a plan just like your physical assets. Ignoring this could lead to lost family memories, unclaimed funds, or even identity theft. This guide breaks down how to include digital assets in your will or estate plan, step-by-step.


💾 What Are Digital Assets?

Digital assets are any online accounts or digital files that you own or have control over. These can include:

🔐 Financial & Crypto

  • Online banking & PayPal accounts
  • Cryptocurrency wallets (e.g., Bitcoin, Ethereum)
  • Stock trading apps (e.g., Robinhood, E*TRADE)

📱 Personal & Social

  • Email accounts (Gmail, Outlook)
  • Social media (Facebook, Instagram, Twitter/X)
  • Cloud storage (Google Drive, iCloud, Dropbox)
  • Digital photos, videos, and documents

💼 Business & Income

  • Domains & websites
  • Online stores (Etsy, eBay, Amazon)
  • YouTube channels, blogs, and monetized content
  • NFTs and intellectual property

⚠️ Why Include Digital Assets in Your Estate Plan?

Without proper planning, your loved ones may:

  • 🚫 Be locked out of essential accounts
  • 🕵️‍♂️ Struggle to claim digital funds or crypto
  • 😢 Lose sentimental data like family photos
  • 📉 Watch digital businesses or investments collapse
  • 🧾 Face unexpected legal or tax complications

Digital estate planning ensures a smoother transition and protects your digital legacy.


✅ Step-by-Step Guide to Including Digital Assets in Your Will or Estate Plan

Step 1: 🧾 Take Inventory of All Digital Assets

Start by making a detailed list. Include:

  • Account names
  • URLs
  • Usernames (never include passwords directly)
  • Description of each account’s purpose and value

Organize this inventory in a secure, encrypted document.

Step 2: 🔒 Store Login Credentials Separately

You should not include passwords in your will (it’s a public document once probated). Instead:

  • Use a password manager (e.g., LastPass, 1Password) and leave instructions on accessing it.
  • Or create a secure digital vault with encrypted notes, and appoint someone to access it with the master key.

Step 3: 👤 Appoint a Digital Executor

Choose a digital executor — someone tech-savvy and trustworthy — who can manage your digital affairs. This person may or may not be the same as your regular executor.

Check your state’s law: Not all jurisdictions recognize digital executors, so include language in your will and consult your estate attorney.

Step 4: 📝 Add Digital Asset Clauses to Your Will

Work with your lawyer to include language like:

“I authorize my digital executor to access, control, and manage my digital assets, including but not limited to social media, cryptocurrency, and online business accounts.”

Make sure the digital executor has:

  • Legal authority
  • Clear instructions
  • Access methods

Step 5: 🔁 Keep It Updated

Digital accounts change often. Review your inventory every 6–12 months. Update:

  • New accounts
  • Closed platforms
  • Changed usernames or email recovery info

📜 What Not to Do

🚫 Don’t include login credentials in your will – Wills become public, exposing sensitive info.
🚫 Don’t rely solely on terms of service – Some platforms prohibit account transfer. Your plan should include contingencies.
🚫 Don’t assume family members can “figure it out” – Most tech companies won’t hand over account access without explicit legal authority.


🔍 How the Law Views Digital Assets

Laws regarding digital assets are evolving. Many states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which allows fiduciaries access under certain conditions.

But even under RUFADAA, providers like Google, Apple, or Facebook often require:

  • Legal documentation (will, death certificate)
  • Court approval or specific account instructions

Pro tip: Use each platform’s legacy tools:

  • Facebook: Memorialization settings
  • Google: Inactive Account Manager
  • Apple: Legacy Contact

🧠 You May Wanna Check Out:


🧠 Expert Tip: Use a Hybrid Strategy

Consider having both a will and a digital assets memo. This way, your will authorizes your digital executor, and the memo (kept private) lists all login info and access steps.

💡 Bonus: Some password managers let you name an emergency access contact — a great backup plan.


📎 Final Thoughts: Future-Proof Your Estate Plan

Your digital life is just as real — and valuable — as your physical one. Ignoring it could mean lost money, memories, and opportunities. By following the steps above, you’ll protect your legacy and make life easier for those you leave behind.

🛡️ Take control of your digital footprint now — because planning for tomorrow starts today.

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Eldin R.

Eldin R. is a digital strategist and legal content creator with a focus on simplifying complex legal topics for everyday readers. As the founder of LawAdvisorPro.com, he helps individuals and businesses navigate legal matters with clarity and confidence. When he’s not writing, Eldin is building tools that make legal resources more accessible.
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