In your phone, you store your photos. Your financial information is in a password management tool, and your email holds the key to almost all other information. If something unexpected happens to you tomorrow, can your spouse or adult children easily access these accounts?
For most families, honestly, the answer is no. The legal framework that should address this issue is now facing restrictions and barriers due to the technical details of major online platforms.
Although awareness of digital estate planning is gradually increasing, many people still do not understand what it is or where to start. Therefore, we provide a checklist that can be completed in just one evening to help ensure that your loved ones are not locked out of the digital life you have built online.
Digital estate planning is a written record listing your online accounts, devices, and digital assets, along with tools and legal documents from various platforms, enabling your trusted individuals to access this content when you pass away or lose capacity.
As of early 2026, 46 states in the United States have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). Theoretically, this act provides a legal pathway for executors to access your accounts.
However, unless you have used the platform’s estate tools in advance or explicitly authorized access in estate documents, the platform may still refuse to grant access.
A comprehensive plan can be built in just one evening and should include: an asset inventory, setting up estate contacts on various platforms, a password manager with emergency access capability, and adding digital assets clauses in your will.
Open a blank document and list all your digital assets. Categorize them to ensure nothing is missed:
– Devices: smartphones, laptops, tablets, smart home hub systems
– Financial accounts: banks, securities, retirement funds, cryptocurrency exchanges, self-hosted cryptocurrency wallets, PayPal, Venmo, etc.
– Email and cloud storage: Gmail, iCloud, Outlook, Dropbox, Google Drive
– Social and communication accounts: Facebook, Instagram, LinkedIn, X, WhatsApp
– Subscription services and recurring payments: streaming services, software, memberships
– Business assets: domain names, client lists, business emails, accounting software, e-commerce stores
– Loyalty points and reward programs: airline miles, credit card reward points, hotel membership rewards
You do not need to list passwords in this document. The purpose of this asset inventory is to inform your executor of “what assets you have” and “where to find them.”
This is a step that most people tend to skip but is the most important thing you can do tonight.
– Apple’s Legacy Contact: Set in “Settings › Apple ID › Sign in & Security.” The system generates an access key that you need to give to a chosen person. Without this key, even with a court order, unlocking the device might not be possible.
– Google’s Inactive Account Manager: Set in “myaccount.google.com › Data & privacy.” It allows you to choose who receives your data and when the account becomes inactive after a certain number of months.
– Facebook: Specify your Legacy Contact in “Settings › Memorialization Settings” to assist in either commemorating or deleting your account.
Microsoft does not provide a universal Legacy Contact tool. Accessing account data from Outlook.com, OneDrive, and other Microsoft services usually requires a valid subpoena or court order. Also, Microsoft may close the account two years after being idle.
If you use 1Password, Bitwarden, LastPass, or Dashlane, these password managers offer emergency access features to grant vault access to a trusted person once the waiting period you set expires.
If you have not started using a password manager yet, now might be a good time to consider it. A password manager with emergency access can be more effective in addressing digital estate-related issues than any other single tool because it enables a trusted individual to access login credentials for all other accounts.
Many families often face a roadblock at this step: access codes being sent via text to a deactivated phone number after someone has passed away, or an authentication app installed on a locked, inaccessible device.
Check all accounts with two-factor authentication (2FA) enabled and take these three steps:
– When possible, switch from text verification codes to an authenticator app.
– Store backup codes in the password manager.
– Use hardware security keys for high-value accounts and store the backup key where your executor can find it.
To fully leverage the RUFADAA, your estate planning documents should clearly authorize your executor to access your digital assets and electronic communications.
General estate planning documents drafted before 2018 typically lack such authorization clauses. Ask your estate lawyer to include “digital assets clauses” in the documents. If you created estate planning documents using an online service, ensure they include this clause.
This clause should grant your trustee the permission to access, manage, and close your digital accounts and should explicitly authorize access to electronic communications as they are governed by different laws than general digital assets.
Self-stored cryptocurrency is the asset most likely to be permanently lost. Without your seed phrase, your heirs may never be able to recover these assets.
Document the cryptocurrencies you hold and their approximate value in your asset inventory. Under the guidance of your estate planning attorney, adopt a suitable method to securely store your seed phrase. Do not store the seed phrase in an unencrypted email or cloud document.
Even the perfect plan will be ineffective if your family is not aware of it. Inform your spouse, executor, and at least one alternate contact of where the asset inventory is stored, what password management tool you use, and which “Legacy Contacts” are designated.
For platform-level settings that do not require legal changes, an evening is all you need to set up Apple’s Legacy Contact, Google’s Inactive Account Manager, and grant emergency access in the password manager.
However, to include digital assets clauses in your will or trust, you will need a lawyer or a reputable estate planning service. According to the RUFADAA, this clause can give your executor legal rights, allowing them to request account access when platforms deny informal access requests. Integrating self-completed platform settings with appropriate legal documents can provide you with the most comprehensive protection.
While your accounts may eventually be closed, it may be extremely difficult for your family to access their content. Without designated Legacy Contacts or relevant estate authorization documents, platforms usually require formal legal proof, and even then, they may refuse to provide account content. Photos, emails, various records, and self-stored cryptocurrencies may be lost forever as a result.
Technically feasible perhaps, but legally high risk. The federal Computer Fraud and Abuse Act and platform terms of service typically prohibit unauthorized account access. Even if the login belongs to a deceased person’s relative with possession of the account’s password, restrictions may still apply.
The purpose of the RUFADAA is specifically tailored to provide executors a legal pathway without violating these rules. Using stored passwords without proper authorization may pose complex legal issues during probate and jeopardize your executor’s legal responsibilities. Setting up Legacy Contacts and adding digital assets clauses in your will provides the most appropriate solution.
It is recommended to review these plans annually and reevaluate them after major life changes, such as marriage, divorce, starting a new business, opening significant new accounts or the passing of someone in your family that affects your designated contacts. While password managers automatically update your login credentials, your asset inventory does not. Therefore, set up a regular calendar reminder. Accounts that are most likely to cause trouble for your family are typically those opened within the 18 months after the last planning cycle and before the next review.
This helps ensure that your digital legacy is properly managed for your loved ones’ benefit, preventing potential loss and legal complications in the future.