The average person has dozens of digital accounts and assets — and most estate plans don't mention a single one of them.
That's a problem. Because when someone dies, the question of "who can access and control the digital estate" doesn't answer itself.
Under Florida and federal law, digital assets are real property that can be inherited — but only if the right documents are in place and the right information is available. Without them, these assets can be lost entirely.
What Counts as a Digital Asset?
"Digital assets" is a broader category than most people realize. It includes:
Financial digital assets:
- Cryptocurrency (Bitcoin, Ethereum, and others held in wallets or exchanges)
- NFTs and tokenized assets
- PayPal, Venmo, or Cash App balances
- Online brokerage accounts accessed digitally
- Reward points and miles with significant monetary value
Income-generating digital assets:
- Monetized YouTube channels or podcasts
- Shopify or e-commerce stores
- Online courses, digital products, or subscription businesses
- Affiliate revenue streams
- Licensing income from digital content
Accounts and presence:
- Social media accounts (Instagram, TikTok, LinkedIn, X)
- Email accounts
- Domain names and websites
- Cloud storage (Google Drive, Dropbox)
- Digital subscriptions with transferable value
Creative and intellectual property:
- Ebooks, photography, digital art
- Music or audio files
- Software or code
Each category has different legal considerations — and different risks if not planned for.
Florida's Fiduciary Access to Digital Assets Act
Florida enacted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs how executors, trustees, and agents can access digital assets.
Here's how it works in priority order:
- Online tool designated by the platform — If a platform offers a legacy contact or inactive account manager tool (Google does; most don't), that designation controls
- Terms of service — If no tool designation exists, the platform's terms of service govern
- A will, trust, or power of attorney — If neither of the above applies, your legal documents can grant access
The problem: most platforms' terms of service restrict access to the original account holder. They don't transfer accounts. They don't allow fiduciaries to log in and operate. Under the default, your executor may be unable to even see what digital accounts exist — let alone access them.
RUFADAA allows your estate planning documents to override these defaults — but only if the documents explicitly address digital assets and grant the necessary access.
Cryptocurrency: The Unique Risk
Cryptocurrency presents a category-defining challenge for estate planning: if your heirs can't access the wallet, the assets are gone.
Unlike a bank account — where a death certificate and letters of administration can unlock access — crypto is decentralized. No bank holds the funds. No customer service line can reset a password. If the private key or seed phrase is lost and there's no backup, those assets are permanently inaccessible.
In 2019, the CEO of Canadian crypto exchange QuadrigaCX died, reportedly taking the private keys to $190 million in customer funds with him. That's an extreme example — but the principle applies to any individual with a crypto wallet.
What to do:
- Document your wallets, the type of crypto held, and which exchanges or hardware wallets you use (not the private keys — but how to find them)
- Store seed phrases and private keys in a physically secure location (fireproof safe, safety deposit box) separate from the documentation
- Include instructions in a sealed letter to your executor or trustee explaining how to access everything
- Consider a crypto-specific inheritance service if holdings are substantial
Do not store private keys in your will — wills are public record in Florida once probated.
Social Media Accounts: Platform by Platform
Each major platform handles deceased users differently:
Instagram/Facebook: Meta allows accounts to be memorialized (frozen as a tribute) or removed. A "Legacy Contact" can be designated for Facebook accounts. No transfer of account ownership is permitted.
YouTube/Google: Google's Inactive Account Manager lets you designate a trusted contact who can download data or request deletion. Monetization rights don't automatically transfer.
TikTok: No formal estate process as of 2026. Account access after death is governed by terms of service, which generally prohibit sharing login credentials.
X (Twitter): Allows verified immediate family members to request account deactivation. No data access or account transfer.
LinkedIn: Allows immediate family to request removal. No account access.
For most platforms, "account transfer" isn't an available option — which is why business accounts should be structured through a legal entity (like an LLC) rather than a personal social profile if continuity of access matters.
What Your Estate Plan Should Include
A digital-asset-aware estate plan should:
1. Grant explicit authority to your executor and trustee to access, manage, and distribute digital assets — specifically referencing electronic records and digital assets, not just "property."
2. Include a RUFADAA-compliant access clause that authorizes your fiduciary to obtain the content of electronic communications and catalogues of electronic documents.
3. Create a "digital vault" document (separate from your will and trust, stored securely) that lists:
- All accounts and platforms (usernames, but not passwords)
- Where passwords and access information are stored
- Any hardware wallets or physical storage for crypto
- Key contacts for domain names, hosting, and business platforms
4. Address specific assets directly — particularly cryptocurrency, domain names, and any income-generating digital businesses.
5. Use platform tools where available — Google's Inactive Account Manager, Apple's Digital Legacy, and Facebook's Legacy Contact should be set up now, before they're needed.
The Window Is Closing
Digital assets lose value fast when they go dark. A social media account left unaddressed decays. A domain name may lapse. Crypto can sit inaccessible. Content licensing agreements expire.
The families who navigate digital estates successfully are the ones who talked about it before the need arose — and put the right documents and information in place.
If your estate plan doesn't mention digital assets, it's incomplete for the world you actually live in.
Schedule a consultation to update your plan and make sure your digital estate is protected.