How to Include Digital Assets in Your Estate Plan

The world has gone digital, and that means our legacies have too. From social media accounts to cryptocurrency wallets, your digital life doesn’t just disappear when you’re gone. So, how do you make sure your digital assets—your photos, accounts, and online investments—are properly protected and transferred after you pass?

It all comes down to two key elements: authority and ownership.

1. Granting Authority to Manage Digital Assets

Your estate plan must clearly authorize your executor, trustee, or power of attorney to access and manage your digital property. This is where the Fiduciary Access to Digital Assets Act (FADAA)—passed in most states in 2015—becomes crucial. This law gives your appointed fiduciaries the legal authority to retrieve, manage, or close your digital accounts in the event of your incapacity or death.

In practical terms, that means your estate plan should include specific language granting access to:

• Social media platforms like Facebook, Instagram, or X (formerly Twitter)
• Cloud storage or iCloud photo accounts
• Email providers like Google or Yahoo
• Online subscription services and accounts

Each company has its own process for handling legacy access. Some, like Facebook and Instagram, allow users to appoint a legacy contact directly within their account settings. Establishing those permissions early can help avoid headaches and delays later.

2. Planning for the Transfer of Digital Wealth

Beyond social accounts, your estate plan should address digital wealth—including cryptocurrencies, NFTs, and other online financial holdings.

The way you own and store these assets affects how they’re transferred:

• Custodial accounts (like Coinbase) often allow assets to be retitled into a trust, so ownership automatically transfers under your trust terms.
• Cold storage (offline devices like hardware wallets) relies entirely on possession. Whoever holds the private key controls the assets.

That’s why it’s essential to leave clear instructions on how to access your wallets or private keys—and to keep that information secure. Store access keys, PINs, or instructions in a safe deposit box, encrypted file, or with your attorney, ensuring they’re available to the right person at the right time.

Protecting Your Full Legacy

Your digital estate is just as important as your traditional assets. Without proper planning, your family could lose priceless photos, important financial information, or access to valuable digital currency. Including these assets in your estate plan ensures that both your memories and your money are properly handled when the time comes.

At Cary Estate Planning, our personalized approach means we understand the unique complexities of modern estate planning—including digital assets. We begin with a complimentary Discovery Call to learn about your specific digital holdings and estate planning needs. During your Initial Strategy Meeting with one of our attorneys, we’ll develop a customized plan with pricing tailored to your circumstances.

It’s time to take control of your legacy—digital and otherwise. Start your estate planning today to make sure every part of your online life is protected for the future.

Ready to get started? Call our office at 919-659-8433 for a free discovery call and initial attorney consultation.

Or directly schedule a free discovery call at your convenience: calendly.com/caryep/discovery-call-get-started-cep-blog