In many cases, access to digital assets after death depends on state laws, platform policies, and estate planning documents.

1. State and Federal Laws

The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted in many states, allows executors or fiduciaries to manage a deceased person’s digital assets if explicitly granted permission in an estate plan. Without clear instructions, access to online accounts can be denied.

2. Platform-Specific Policies

Each digital platform has different rules for handling accounts after death:

• Facebook & Instagram: Users can designate a legacy contact to manage their account after passing or request account deletion.

• Google: Offers an Inactive Account Manager to designate trusted contacts.

• Apple & Microsoft: Access to accounts typically requires a court order unless the person is your legacy contact with permission to access your accounts.

• Cryptocurrency & Online Banking: Without proper access credentials, digital assets may be lost permanently.

3. Your Estate Plan

If you do not have clear legal documentation, your heirs may have no right to access or manage your digital accounts. Adding digital asset provisions to your will, trust, or power of attorney ensures your chosen executor or trustee has the authority to handle your online presence.

How to Protect Your Digital Legacy

To prevent complications, consider these key steps in digital estate planning:

1. Create an Inventory – List all your important digital accounts and assets, including login credentials.

2. Use Digital Legacy Tools – Set up legacy contacts for platforms like Facebook, Google, and Apple.

3. Include Digital Assets in Your Estate Plan – Work with an attorney to ensure your will or trust includes clear instructions on who can access and manage your digital footprint.

4. Secure Password Management – Use a password manager to store credentials and ensure a trusted person can retrieve them.

5. Review & Update Regularly – As technology and policies change, keep your digital estate plan up to date.

What Happens If No Plans Are in Place?

Without a digital estate plan, loved ones may face:

• Legal barriers preventing access to critical information

• Lost financial assets such as cryptocurrency or online investments

• Unwanted online presence from inactive social media accounts

• Difficulty closing or transferring online subscriptions

This can lead to confusion, stress, and even the permanent loss of valuable digital property.