Protect Digital Assets with an Estate Plan

Many, if not all, of our accounts and memberships are now online, using an app or a digital account. For some people, going paperless is the easiest way to manage everything from mortgages to paying the cleaning service. Photos, videos and contact information for family and friends are not in a cabinet; they are in the cloud.

As a result, your estate plan needs to include digital assets. A recent AOL article, “Do you need a ‘Digital Asset Addendum’ to your will? See expert tips on your digital legacy,” offers guidance on preparing a digital legacy. Plan.

You may not care if your family is locked out of your Facebook account. Still, for those who invest in cryptocurrency, if your private keys are on a password-protected device and no recovery instructions have been provided, your money may never be recovered.

One way to do this is to add a Digital Asset Addendum to your will. This authorizes your executor to access digital accounts, since standard will language doesn’t always meet the terms of service requirements of most tech companies for account access.

You’ll want to name a digital executor, someone who understands technology and online life. This doesn’t have to be the same person as your overall executor. They need to be given explicit authority over online accounts, in accordance with RUFADAA, a law that extends the powers traditionally given to an executor to online accounts. Most states have passed this law, so ask your estate planning attorney about your state’s digital asset laws.

It’s important not to include specific information about digital assets in your will, since the will becomes part of the public record after being entered into probate. Create an inventory of all assets, including the URL or website address, the app name, the username, the login credentials and the account value. If the platform requires login confirmation —typically a code sent via email, text, or phone call —provide directions on how they can obtain it.

Ask the person whom you want to be your digital executor if they are willing to take on this role. Make sure they know where to find your digital inventory and exactly what you want them to do with the accounts when you have died.

Go into each of your accounts to see if you can provide a legacy contact. Some of the larger platforms, including Google, Facebook and Apple, offer the option to add a legacy contact. This gives someone permission to take over the management of your account. Most platforms don’t do this, so you’ll need to make sure your digital executor can get into your accounts.

Consider using a password manager. There are many to choose from. However, you’ll want to pick a well-funded, reputable one. This will allow you and your digital executor to access all passwords and login information with a single password.

Put the plan in motion by putting it in writing. If there are any hitches, and there often are, your digital executor will have proof of your intent in your will.

Consult with an estate planning attorney to ensure that your digital legacy complies with state law and protect your online life and assets.

As more of our lives move online, planning for digital assets is just as important as planning for physical ones. Ensuring that someone you trust can access your accounts, files and online records protects both your legacy and your loved ones from unnecessary headaches. At The Werner Law Firm, our estate planning lawyers help clients create estate plans that address every part of modern life—including the digital pieces that are so often overlooked.

If you have any questions, schedule a free appointment with us through our online appointment page.

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Reference: AOL (Nov. 5, 2025) “Do you need a ‘Digital Asset Addendum’ to your will? See expert tips on your digital legacy.”