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Digital Estate Planning

Digital estate planning refers to the strategic management and disposition of an individual's digital assets upon death or incapacity, encompassing the identification, access provisions, and transfer instructions for online accounts, electronic files, and virtual property to align with the owner's preferences.^[1] This process addresses the unique challenges posed by digital technologies, where assets are often intangible and governed by third-party terms of service that may restrict inheritance or access.^[2] Digital assets typically include a wide array of electronic holdings, such as email accounts, social media profiles, online banking and investment logins, cryptocurrency wallets, non-fungible tokens (NFTs), domain names, digital photos and videos, and intellectual property like blogs or YouTube channels.^[3] These assets hold both financial value—estimated at an average of $191,000 per U.S. user as of 2024—and sentimental significance, making their proper handling essential to prevent loss, fraud, or unintended deletion by service providers.^[4] Without planning, heirs may face barriers due to forgotten passwords, privacy laws, or platform policies, such as automatic account termination after inactivity, potentially locking away irreplaceable family memories or economic resources.^[5] In the United States, the legal foundation for digital estate planning is primarily the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted by most states (47 as of early 2025), which establishes a three-tier framework for fiduciaries to access assets: through built-in service tools, explicit directions in wills or powers of attorney, or user consent overriding terms of service.^[6] Key planning elements involve creating an inventory of assets with secure credential storage (e.g., using encrypted password managers), appointing a digital executor to oversee implementation, and integrating instructions into broader estate documents like trusts to maintain privacy and avoid public probate disclosure.^[2] Regular reviews are crucial, given the rapid evolution of digital technologies, including blockchain-based assets that require specialized strategies like secure key storage to prevent irreversible loss.^[3]

Overview

Definition and Scope

Digital estate planning is the process of identifying, organizing, and providing instructions for the management and distribution of an individual's digital assets and online presence upon death or incapacity.^[7] This includes ensuring that authorized parties can access and handle electronic records while respecting privacy and platform policies.^[8] The scope of digital estate planning encompasses both tangible digital property, such as stored files, photographs, and documents in binary form, and intangible elements like access rights to accounts, passwords, and subscriptions.^[9] It focuses on assets that exist solely in digital formats across online platforms, excluding physical hardware like computers or storage devices that house them.^[6] Boundaries are drawn around jurisdictionally ambiguous items governed by terms of service agreements rather than solely by inheritance laws.^[10] Core components involve systematically identifying all relevant digital assets through inventories, documenting access instructions such as credentials and security protocols, establishing legal transfer mechanisms like fiduciary authorizations, and outlining deactivation or memorialization procedures for accounts.^[11] These elements ensure continuity and security, often requiring integration with tools like digital vaults or platform-specific managers.^[8] Unlike traditional estate planning, which primarily addresses physical and tangible property through established probate processes, digital estate planning targets non-physical assets that demand technology-specific strategies to navigate platform restrictions, encryption, and cross-border legal variances.^[6] This distinction arises because digital items often lack clear ownership under conventional property laws, prioritizing privacy and contractual terms over automatic inheritance.^[9] As digital assets grow central to personal and financial lives, such planning addresses emerging complexities in legacy preservation.^[10]

Importance and Motivations

Digital estate planning addresses critical personal motivations by enabling individuals to preserve their legacy through the structured transfer of online identities, content, and intellectual property, ensuring that personal histories and achievements endure beyond death. For instance, without such planning, cryptocurrency wallets—holding potentially substantial value—may become permanently inaccessible if private keys are not documented, leading to the loss of financial continuity for heirs. This is particularly vital as digital assets like these can represent a significant portion of an individual's wealth, with surveys indicating that many people overlook them in traditional estate documents, risking total forfeiture. Additionally, planning mitigates family distress by providing clear instructions for account management, preventing executors from facing emotional and logistical burdens during grief.^[5]^[12] On a familial level, the absence of digital estate planning threatens the loss of irreplaceable sentimental value embedded in digital memories, such as family photos stored in cloud services or personal emails chronicling life events, which can evaporate if access credentials are not shared. Globally, billions of social media profiles remain inactive or orphaned due to user deaths, with projections estimating that at least 1.4 billion Facebook users could die by 2100, potentially outnumbering living users in a low-growth scenario and complicating family efforts to memorialize or close them. These orphaned accounts not only amplify emotional hardship for relatives but also perpetuate a digital limbo where cherished narratives are trapped, underscoring the need for proactive planning to safeguard intergenerational bonds.^[13]^[14] Societal drivers for digital estate planning have intensified since the 2010s amid rising digital dependency, as online banking adoption surged with smartphone proliferation, transforming financial management into a predominantly digital realm where over 70% of transactions now occur electronically in many developed economies. The explosive growth of non-fungible tokens (NFTs), with market value escalating from $82 million in 2020 to $17 billion in 2021, has further elevated the stakes by converting digital art and collectibles into high-value assets demanding inheritance protocols. This shift reflects broader societal reliance on digital ecosystems for economic and social interactions, compelling comprehensive planning to align with evolving technological norms.^[15]^[16] Recent rulings, such as the June 2025 Venice Court decision affirming heirs' access to deceased users' digital data against platform policies, underscore evolving international legal recognitions.^[17] Neglecting digital estate planning exposes estates to significant risks, including protracted legal challenges over access rights, as highlighted by the 2012 public discussion involving Bruce Willis and Apple's iTunes inheritance restrictions and the 2025 Venice Court ruling affirming heirs' access to deceased users' digital data against platform policies. Financially, unclaimed digital inheritances contribute to billions in annual losses, with U.S. states returning nearly $5 billion in forgotten assets yearly and projections estimating a total of $124 trillion in wealth transfer by 2048, with significant risks from inaccessible digital assets like cryptocurrency and online holdings potentially leading to billions in unclaimed value. These perils highlight the urgency of planning to avert both litigation and economic evaporation of digital legacies.^[18]^[17]^[19]

History and Development

Origins in Early Digital Age

The late 1990s internet boom marked the beginning of widespread adoption of online accounts, including email services like Hotmail (launched in 1996) and AOL, which created the first significant digital personal assets and prompted initial awareness of their potential value in estate contexts.^[20] As users accumulated digital correspondence and files, the lack of clear protocols for accessing these upon death began to surface as a concern among legal professionals, laying the groundwork for digital estate planning concepts in the early 2000s.^[21] A landmark event that highlighted these emerging issues was the 2005 case involving Justin Ellsworth, a U.S. Marine killed in Iraq, whose family sought access to his Yahoo email account to retrieve personal photos and messages. Yahoo initially refused, citing its privacy policy that prohibited disclosure without user consent, even after death, forcing the family to obtain a Michigan probate court order for access.^[22]^[23] This ruling compelled Yahoo to release the emails but exposed critical legal gaps in fiduciary rights to digital communications, fueling national debates on privacy versus estate administration needs.^[24] In response to such cases, tech companies began developing basic guidelines for handling deceased users' accounts in the late 2000s. Facebook, for instance, introduced its memorialization policy in 2009, enabling verified family members to request that a deceased user's profile be preserved as a memorial site—restricting new friend requests and postings while maintaining existing content—rather than deleted.^[25] This approach addressed growing awareness sparked by early social media deaths, though it limited full access to private messages without further legal intervention.^[26] Early 2000s discussions in estate law journals further advanced the field, with scholars emphasizing the need to inventory and designate digital assets in wills to avoid disputes. Gerry W. Beyer, a leading expert, published seminal works highlighting obstacles like terms-of-service agreements that conflicted with traditional probate laws, advocating for explicit fiduciary authority over online accounts.^[27] These contributions established foundational principles for integrating digital elements into estate planning, predating comprehensive legislation.

Evolution with Modern Technology

The evolution of digital estate planning in the 2010s was markedly influenced by the proliferation of social media and personal data storage, leading major platforms to introduce features for posthumous account management. In 2015, Facebook launched its Legacy Contact program, allowing users in the US to designate a trusted friend or family member to memorialize their profile and manage limited content after death, such as downloading photos and videos, while preventing new posts or friend requests.^[28] This initiative addressed growing concerns over orphaned accounts, expanding globally in subsequent years. Similarly, in 2021, Apple introduced Digital Legacy as part of iOS 15.2, enabling users to name Legacy Contacts who could access iCloud data, including photos, messages, and device passcodes, upon verification of the user's passing via a death certificate.^[29] These developments built on early digital cases, such as disputes over email access, by providing structured, user-initiated pathways for asset transfer without court intervention. The rise of blockchain technology and cryptocurrencies further propelled advancements, particularly following the 2017 Bitcoin price surge, which elevated its value from under $1,000 to nearly $20,000 by December, underscoring the risks of lost access to high-value digital wallets upon death. This event spurred the creation of inheritance tools, such as multi-signature wallets and recovery protocols from providers like Casa and Unchained Capital, designed to securely distribute private keys to beneficiaries through time-locked mechanisms or trusted third parties. By 2018, Ethereum's smart contract capabilities enabled experimental automated transfer systems, exemplified by projects like the "Dead Man's Switch" contracts, which trigger asset distribution upon inactivity detection, reducing reliance on traditional executors while ensuring immutability on the blockchain. Entering the 2020s, digital estate planning integrated artificial intelligence for enhanced asset discovery and management, with AI tools aiding in data extraction from documents and analysis of complex estate planning materials.^[30] The COVID-19 pandemic accelerated this shift, boosting adoption of remote planning platforms due to virtual notarization and e-signing capabilities enabled by temporary legal reforms in multiple jurisdictions.^[31] On a global scale, the European Union advanced posthumous data handling through national extensions to the GDPR; for instance, Italy's 2018 Legislative Decree No. 101 introduced protections for deceased persons' data, allowing heirs limited access to digital content under specific conditions.^[32] In Asia, fintech innovations drove policy evolution, particularly in Singapore, where the Monetary Authority issued 2022 guidelines on digital payment token services to regulate promotions and licensing.^[33] By 2025, AI continued to transform estate planning with tools for document summarization and client intake, reflecting ongoing technological integration.^[30]

Types of Digital Assets

Financial and Cryptographic Assets

Financial assets in digital estate planning primarily include online banking accounts, brokerage and investment platforms, and digital payment services such as PayPal, which hold liquid monetary value accessible through user credentials. These assets differ from traditional holdings by existing solely in electronic form, often governed by terms of service that may restrict post-death access unless beneficiary designations are in place. For instance, many banks and investment firms allow payable-on-death (POD) or transfer-on-death (TOD) designations, enabling direct transfer to named beneficiaries upon the account holder's death, thereby avoiding probate proceedings and expediting distribution.^[34]^[35] PayPal balances, treated as unclaimed property if unaddressed, can be claimed by the estate executor through submission of a death certificate and proof of authority, with funds then disbursed according to the will or state intestacy laws.^[36] Cryptographic assets represent a more complex subset, encompassing cryptocurrencies like Bitcoin stored in digital wallets, non-fungible tokens (NFTs) on blockchain platforms, and decentralized finance (DeFi) positions such as staking or lending protocols. Ownership and transfer rely on cryptographic private keys, which serve as the sole means of authorization, akin to a "digital will" that must be securely passed to heirs to prevent total loss. Unlike conventional financial assets, these lack centralized custodians in non-custodial setups, complicating inheritance as heirs cannot recover funds without the keys, even through legal probate.^[37]^[38] The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), promulgated in 2014 and adopted by 49 states as of 2025, facilitates fiduciary access to such assets by requiring custodians to provide content or records upon valid court order or user consent, treating cryptographic holdings as probate-includable property.^[39]^[40] Valuation challenges for cryptographic assets stem from their extreme price volatility, which can dramatically alter estate worth between death and distribution; the global cryptocurrency market capitalization, for example, has experienced extreme volatility, reaching about $2 trillion at its 2021 peak and approximately $3 trillion as of November 2025. Accurate appraisal requires timestamped valuations at the date of death, often using exchange data or expert forensic analysis, to comply with tax reporting under Internal Revenue Code Section 2031.^[41]^[42] RUFADAA's framework ensures these assets enter probate inventories, but volatile swings underscore the need for real-time documentation in estate plans to mitigate disputes over fair market value.^[43] Effective access mechanisms for cryptographic inheritance include mnemonic seed phrases—sequences of 12 to 24 words that regenerate private keys—and multi-signature (multisig) wallets, which demand approvals from multiple key holders to execute transactions, distributing risk and enabling gradual transfer to beneficiaries. Seed phrases must be stored offline and shared via encrypted, tamper-proof methods like dead man's switches or trusted third-party vaults to balance security with recoverability. Multisig setups, supported by protocols like Bitcoin's P2SH, allow heirs to collaborate without full immediate control, reducing single-point failure risks.^[44]^[45] However, poor implementation has led to substantial losses; in a widely reported 2023 case, programmer Stefan Thomas faced permanent inaccessibility to 7,002 Bitcoins—valued at around $240 million as of 2023—after exhausting most attempts to recall the password for his encrypted IronKey wallet, highlighting the perils of forgotten credentials in unrecovered estates.^[46] Personal and social media assets refer to non-monetary digital items closely tied to an individual's identity, relationships, and memories, including social media profiles, email correspondences, cloud-stored media, and virtual possessions. These assets differ from financial ones by emphasizing sentimental rather than economic value, often serving as repositories of personal history and emotional connections.^[47]^[2] Social media profiles on major platforms constitute key components of these assets, offering options for either preservation through memorialization or complete removal upon a user's death. On Instagram, accounts can be memorialized by adding a "Remembering" label, which locks the profile to prevent further posts while allowing existing content to remain visible to approved viewers, provided family submits proof of death such as an obituary or death certificate.^[48] Alternatively, Instagram permits permanent deletion of the account upon similar verification, ensuring all data is erased.^[49] X (formerly Twitter) follows a comparable approach, enabling authorized family members or estate representatives to request account deactivation and permanent removal by supplying a death certificate and other documentation.^[50] X's 2023 inactive account policy further specifies that users must log in at least every 30 days to maintain activity, with prolonged inactivity—typically over six months—leading to potential permanent deletion and username recycling.^[51]^[52] Personal data assets, such as email accounts, cloud storage repositories like Google Drive filled with family photos and documents, and owned domain names, hold profound sentimental importance in digital estate planning. These elements often encapsulate irreplaceable personal narratives, including lifelong correspondences and visual memories that outlast financial utility.^[47] For example, email archives may contain decades of family interactions, while cloud-stored images preserve generational stories without inherent monetary worth.^[2] Domain names, similarly, represent personal branding or legacy websites that families may seek to retain for historical continuity.^[53] Gaming and virtual assets, encompassing in-game items, avatars, and metaverse properties such as virtual land parcels in Decentraland, have gained recognition as inheritable personal assets in the 2020s. The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted by 49 U.S. states as of 2025, authorizes executors and trustees to access and control such digital content—including virtual world holdings—when the deceased provided consent or when platform terms permit, treating them as part of the broader estate.^[54]^[55]^[40] This framework extends to non-tangible items like game inventories, facilitating their transfer to beneficiaries amid evolving virtual economies. Despite these advancements, accessing personal and social media assets encounters significant barriers rooted in platform terms of service. LinkedIn, for instance, explicitly prohibits account transfers or inheritance, restricting actions to verified requests for permanent closure of a deceased member's profile, with no provisions for ongoing use or content management by heirs.^[56]^[57] Such restrictions complicate emotional dimensions of estate planning, where heirs often prioritize preserving family histories embedded in these assets to honor legacies and mitigate grief through continued access to shared memories.^[58] Proactive documentation of wishes can help navigate these hurdles, ensuring sentimental digital elements endure as sources of familial connection.^[59]

Legal Framework

Key Legal Principles

Digital estate planning is governed by core legal principles that emphasize fiduciary access rights while navigating the tension between contractual obligations and property law. Fiduciary access rights allow executors, trustees, agents, and conservators to manage digital assets as they would tangible property, but such access is typically limited to a catalog of electronic communications—such as sender, recipient, date, and time—unless the account holder explicitly consents to broader disclosure of content. This distinction between content ownership, which vests in the decedent or their estate, and mere account access, which may be restricted by service providers, underscores the principle that digital assets are treated as intangible personal property subject to probate and inheritance laws, yet access is not automatically transferable without affirmative user direction.^[60] In the United States, foundational statutes provide the framework for these principles, with the Uniform Fiduciary Access to Digital Assets Act (UFADAA), promulgated in 2014, which was revised as the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) in 2015, enabling fiduciaries limited access to digital assets upon proper request to custodians, provided the fiduciary presents court orders or user consents. This act establishes a hierarchy prioritizing the decedent's intent: first through online tools provided by platforms, then written directions in estate documents, and finally terms of service (TOS) if no other guidance exists. However, the Stored Communications Act (SCA) of 1986, part of the Electronic Communications Privacy Act, complicates access by prohibiting service providers from voluntarily disclosing stored electronic communications without consent, creating uncertainty for estates as it lacks explicit exceptions for fiduciaries and often leads custodians to deny requests to avoid liability.^[60]^[61] Contractual elements further shape these principles, as platform TOS are generally binding and may prohibit account transfers or posthumous access, treating accounts as licensed services rather than owned property; yet, user-directed provisions in wills or trusts can override TOS under RUFADAA, provided they are revocable during the user's lifetime to align with traditional estate revocability. Digital wills or provisions for digital assets embedded in revocable living trusts allow amendments while the creator is competent, offering flexibility, whereas irrevocable designations—such as in certain trusts—permanently bind access rights to prevent future changes, enhancing asset protection but limiting adaptability.^[60]^[62] Ethical considerations in these principles revolve around balancing the decedent's privacy expectations with beneficiaries' needs for access to sentimental or financial digital assets, requiring informed consent during planning to authorize disclosures without posthumously violating privacy doctrines like those under the SCA. Legal frameworks prioritize familial interests post-death through doctrines that favor inheritance over absolute privacy, yet fiduciaries must exercise restraint to avoid unauthorized intrusions, ensuring that access serves estate administration rather than mere curiosity.^[63]^[61]

Jurisdictional Variations

In the United States, digital estate planning is primarily governed at the state level, with significant variations in adoption of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which grants fiduciaries access to a decedent's digital assets under certain conditions.^[39] As of 2025, 49 states have enacted versions of RUFADAA, with Massachusetts yet to adopt it; Oklahoma adopted it in November 2024. This enables executors and trustees to manage electronic communications, online accounts, and other digital property while respecting user consents and provider terms.^[64]^[65] However, federal laws impose strict limitations, particularly the Stored Communications Act (SCA) of 1986, which prohibits service providers from disclosing the contents of electronic communications like emails without proper authorization, often complicating fiduciary access even in states with RUFADAA.^[66] In the European Union, the approach to digital estate planning emphasizes data protection principles under the General Data Protection Regulation (GDPR), with national laws addressing posthumous access. GDPR Article 15 establishes the right of access to personal data, which some member states interpret to extend limited portability and disclosure to heirs following the data subject's death, though the regulation itself does not explicitly apply to deceased individuals.^[67] In France, the 2016 Digital Republic Act (Loi pour une République numérique) introduced Article 40, allowing individuals to designate a trusted third party to manage their online data after death, including access to social media accounts for heirs upon request to platforms, subject to privacy safeguards enforced by the CNIL.^[68] Other regions exhibit diverse frameworks tailored to local priorities. In the United Kingdom, 2021 guidance from the Law Commission under the Administration of Estates Act 1925 clarified that digital assets, such as cryptocurrencies and online accounts, qualify as property subject to inheritance, urging executors to secure access through wills or court orders while complying with platform policies.^[69] Australia advanced cooperation models in 2019 through the Queensland Law Reform Commission's report, recommending legislative guidelines for technology companies to assist executors in accessing digital assets without breaching privacy laws, influencing national discussions on uniform standards. In China, strict data localization requirements under the 2021 Data Security Law pose significant challenges, mandating that personal data remain within borders and limiting cross-jurisdictional transfers, which hinders heirs' access to cloud-based digital assets hosted abroad.^[70] Cross-border digital estate planning introduces conflicts, particularly for global users holding assets across jurisdictions. For instance, a U.S. citizen with cryptocurrency on an EU-based exchange may face incompatible rules, where U.S. RUFADAA enables fiduciary access but EU GDPR privacy protections restrict disclosures, potentially requiring international legal harmonization to resolve inheritance disputes.^[71]

Planning Process

Asset Inventory and Documentation

Asset inventory and documentation form the foundational step in digital estate planning, involving the systematic identification and recording of all digital assets to ensure they can be located and managed posthumously. This process begins with compiling a comprehensive list of assets such as online financial accounts, social media profiles, email inboxes, and digital files, which collectively represent an individual's digital footprint.^[72]^[5] By creating this inventory, planners mitigate the risk of assets becoming inaccessible or lost, a common issue given the proliferation of online services.^[73] The inventory process entails developing a master list that details key access information for each asset, including account URLs, usernames, passwords, and security questions where applicable. Individuals are advised to use organized tools like spreadsheets or dedicated applications to maintain this list, categorizing entries by asset type—such as financial, personal, or sentimental—for clarity and ease of review.^[74]^[75] For instance, financial assets might include banking apps and cryptocurrency wallets, while personal assets could cover cloud-stored photos and streaming subscriptions.^[76] This structured approach helps in mapping out the scope of one's digital holdings without relying on memory alone.^[77] Documentation essentials complement the inventory by emphasizing secure storage and instructional guidance. Password managers, such as those offering encrypted vaults, are recommended for safeguarding login credentials, allowing controlled access while protecting against unauthorized entry.^[78]^[79] Additionally, a letter of instruction should be prepared to outline specific intents for asset handling, such as closing accounts or transferring ownership, without embedding sensitive details directly in a will, which becomes public record.^[80]^[81] These documents ensure that the inventory remains actionable and aligned with the planner's wishes.^[82] Best practices for maintaining the inventory include conducting regular updates, ideally annually or after significant life events, to account for new accounts or changes in access details. Assets should be prioritized by value and accessibility, with high-priority items like financial holdings reviewed first to prevent lapses.^[83] Tools like Everplans, launched in 2012, provide templated inventories to streamline this organization, offering pre-built checklists for common digital categories.^[84]^[85] Categorization enhances usability, enabling quick identification during estate administration.^[86] Common pitfalls in this phase often involve overlooking auto-renewing subscriptions, which can drain estate resources if not canceled, or forgotten accounts from past services that hold residual value or data.^[87] Such oversights stem from the sheer volume of digital interactions, leading to incomplete inventories that complicate posthumous management.^[88]^[89] To counter these, planners should proactively scan financial statements and email archives for recurring charges and dormant logins.^[73]

Designation of Executors and Beneficiaries

In digital estate planning, selecting an executor involves appointing a trusted individual who possesses technical proficiency to navigate online accounts, software, and security protocols effectively. This person, often named in a will or power of attorney, should be someone familiar with the deceased's digital footprint to manage tasks such as accessing cloud storage or cryptocurrency wallets without undue complications.^[90] Under laws like the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted in most U.S. states, executors are granted broad authority to access and manage digital assets, including the power to close accounts, transfer funds, or delete content as specified in legal documents.^[91] This authority enables actions like terminating subscriptions or distributing intellectual property, but it excludes private communications unless explicitly authorized by the account holder during their lifetime.^[92] Designating beneficiaries for digital assets requires specifying recipients in estate planning documents, often tailored to platform policies that may limit direct transfers. For instance, social media platforms like Facebook allow users to appoint a "legacy contact" who can memorialize the account, download photos and videos, and respond to friend requests on behalf of the deceased, thereby preserving sentimental value for named beneficiaries.^[90] Similarly, Google's Inactive Account Manager enables users to designate up to 10 trusted contacts to receive specific data, such as email archives or YouTube videos, upon inactivity or death.^[90] For financial digital assets, while some online banking services permit payable-on-death (POD) designations to bypass probate, platforms like PayPal typically route funds through the estate executor rather than direct beneficiary transfer, necessitating clear instructions in a will to avoid delays.^[93] Digital directives can also be incorporated into living wills to outline post-death handling, ensuring assets align with the user's intentions. Integrating digital provisions into traditional estate plans often involves amending wills with specific clauses or addendums that grant executors authority over digital property, including overcoming barriers like multi-factor authentication (MFA). These addendums may include a separate schedule listing accounts and access instructions, empowering the executor to request MFA recovery codes or provider consents under RUFADAA without court intervention.^[91] Such amendments ensure seamless management, as standard wills may lack language addressing digital-specific powers, potentially leading to access denials by service providers.^[94] Executors bear significant responsibilities, including ethical obligations to respect the deceased's privacy by limiting disclosures to necessary parties and adhering to platform terms of service. They must balance fiduciary duties to beneficiaries—such as distributing valuable digital assets like domain names or online revenue streams—with privacy laws that protect sensitive data, potentially requiring court approval for contentious decisions.^[95] In cases of disputes, such as when family members contest access to private emails or intellectual property, courts may appoint digital administrators to resolve conflicts, as seen in litigation over unpublished works or social media archives where unclear designations led to probate delays.^[96] These responsibilities underscore the need for clear, tech-informed appointments to minimize legal friction following an asset inventory.^[91]

Tools and Services

Digital Tools and Platforms

Digital tools and platforms for estate planning encompass software applications and services that enable individuals to organize, secure, and transfer digital assets posthumously, often integrating features like automated access sharing and secure vaults. These tools address the complexities of managing passwords, accounts, and cryptographic holdings by providing user-friendly interfaces for designating beneficiaries and ensuring compliance with legal standards. Early adopters of such technologies include password managers and account-specific managers, which have evolved to support inheritance protocols since the early 2010s.^[97]^[98] Password and access management tools form a foundational category, allowing users to centralize credentials and facilitate controlled sharing after death. LastPass introduced its Emergency Access feature in 2016, enabling users to designate trusted contacts who can request temporary or full access to the vault in emergencies, including posthumous scenarios, to retrieve passwords, secure notes, and account details. This functionality supports digital estate planning by ensuring executors can manage online accounts without breaching security during the transition period. Similarly, 1Password offers an Emergency Kit—a printable PDF containing the account's sign-in address, email, Secret Key, and setup code—which users can store with their will or share with designated heirs to enable account recovery and access to stored credentials. These kits emphasize secure, offline transmission of recovery information, reducing risks associated with digital-only storage.^[99]^[100]^[101]^[102] Comprehensive platforms extend beyond passwords to provide end-to-end estate planning suites, organizing documents, assets, and instructions in a single secure repository. Everplans, launched as a digital vault service, allows users to catalog vital records, financial accounts, insurance policies, and digital assets, while assigning access to family members or executors upon verification of death through integrated workflows. The platform supports customization for asset disposition, such as deleting social media profiles or transferring subscriptions, making it a holistic tool for non-technical users. Google's Inactive Account Manager, introduced in April 2013, automates data handling for inactive Google accounts by letting users set inactivity triggers (from 3 to 18 months) to either delete data or share specific elements—like Gmail messages or YouTube videos—with up to 10 trusted contacts, thereby preventing permanent loss of digital legacies.^[103]^[104]^[105]^[98] Major platforms also offer built-in legacy features. Apple's Digital Legacy, introduced in 2021 with iOS 15, allows users to designate Legacy Contacts who can request access to iCloud data, including photos, messages, and notes, upon verification of the user's death using a government-issued access key. Similarly, Meta provides Legacy Contact options for Facebook and Instagram accounts, enabling trusted individuals to memorialize profiles, download data, or close accounts after death notification.^[106]^[107] For cryptographic assets, specialized wallet applications and automated services address the unique challenges of private key management and irreversible transfers. Trust Wallet, a mobile cryptocurrency wallet, incorporates recovery phrase backups and multi-device synchronization, which facilitate inheritance by allowing heirs to restore access using stored seed phrases, though it relies on users documenting these securely outside the app to avoid loss. Complementing such wallets, dead man's switch services like the original Dead Man's Switch (launched in 2009) automate posthumous actions by requiring periodic user confirmations; failure to respond triggers the release of pre-written emails, documents, or keys to designated recipients, providing a simple mechanism for crypto and digital asset handovers without constant monitoring.^[108]^[109]^[110]^[111] Evaluating these tools' features reveals a focus on robust security and legal alignment to build user trust. Most platforms employ AES-256 encryption, a military-grade standard used by financial institutions, to protect stored data against unauthorized access during inheritance processes. Compliance with the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted by 48 states as of 2025, ensures that tools respect user directives for fiduciary access while limiting disclosures to authorized parties, thereby harmonizing technology with estate laws. Adoption has grown steadily, with the global digital legacy market reaching $13.07 billion in 2024, reflecting broader U.S. integration as approximately 42% of the estate planning software market occurs in North America, driven by increasing awareness of digital asset risks.^[112]^[113]^[114]^[115]^[116]

Professional and Legal Services

Estate attorneys specializing in digital wills play a crucial role in digital estate planning by drafting customized legal documents that address online accounts, cryptocurrency holdings, and digital media rights. These professionals ensure compliance with laws like the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which grants fiduciaries access to digital assets upon proper authorization. For instance, firms such as Morgan Legal in New York provide tailored drafting of wills and powers of attorney that explicitly cover digital assets, helping clients avoid probate complications for intangible property.^[117] Services like LegalZoom have expanded their offerings in the 2020s to include guidance on incorporating digital assets into estate plans, such as listing access credentials for email, social media, and financial apps within wills and trusts. Their estate planning bundles, which start with basic will creation and extend to comprehensive packages with attorney support, emphasize the need to inventory digital holdings to prevent loss of value post-mortem. This integration allows users to add digital riders—amendments specifying handling of online assets—to traditional documents, often reviewed by network attorneys for state-specific validity.^[118]^[119] Financial advisors increasingly integrate digital estate planning into wealth management, particularly for cryptocurrency and non-fungible tokens (NFTs), by advising on secure transfer mechanisms like multi-signature wallets and beneficiary designations on exchanges. Major firms such as Fidelity Investments have provided dedicated guidance on digital assets since the early 2020s, including strategies to fit crypto into broader estate plans while addressing tax implications and platform-specific policies. Fidelity's resources highlight the importance of documenting private keys and using revocable trusts to hold digital wallets, ensuring seamless inheritance without triggering unintended sales.^[120]^[121] Specialized firms offer enterprise-level solutions for complex digital estates, such as Directive Communication Systems (DCS), which provides a platform for recording and managing digital property, online accounts, and final directives. DCS assists attorneys and executors by organizing account inventories and facilitating notifications to service providers, making it suitable for high-net-worth individuals or businesses with extensive digital footprints. Additionally, notaries contribute through digital document authentication, enabling remote online notarization (RON) for estate papers like powers of attorney, which verifies identities via video and electronic seals to comply with state laws. Platforms like NotaryCam support this process globally, allowing secure execution of digital wills without physical presence.^[122]^[123] The cost of professional digital estate planning services varies by complexity but typically ranges from $1,000 to $3,000 for basic packages including digital add-ons, with attorney consultations adding $200–$400 hourly for customizations. Online-accessible options, such as LegalZoom's bundles, reduce barriers with fees starting at around $160 for simple digital-inclusive wills, while full trusts may cost $1,000–$5,000. Accessibility has improved through virtual consultations offered by firms like Fidelity and DCS, enabling global clients to engage experts remotely via secure video platforms, though jurisdictional compliance remains essential.^[124]^[125]

Challenges and Considerations

Privacy and Security Issues

Digital estate planning faces significant privacy risks due to the vulnerability of deceased individuals' accounts to posthumous data breaches, where hackers exploit inactive profiles to access or misuse personal information. Inactive accounts, including those of deceased users, can become targets for identity theft or fraudulent activities long after death. Data thieves have also been known to hijack deceased users' accounts for spam or phishing operations, as evidenced by cases where family photos or messages were repurposed without consent.^[126] These privacy concerns are further complicated by conflicts with data protection laws, such as the European Union's General Data Protection Regulation (GDPR), which emphasizes the "right to be forgotten" but does not apply to personal data of deceased persons (Recital 27). However, national laws in EU member states may extend protections to post-mortem privacy or allow erasure requests, creating variations and tensions when heirs seek to preserve digital legacies like family photos or correspondence. This ambiguity can lead to legal disputes over whether platforms must delete or retain data, balancing individual privacy rights against familial inheritance interests.^[127] Security challenges in managing digital estates often stem from the insecure practice of sharing passwords with executors or beneficiaries, which contravenes many platforms' terms of service and heightens the risk of unauthorized access. Without robust protocols, executors become prime targets for phishing attacks, where fraudsters impersonate platform officials or use deepfake technology to solicit credentials for the deceased's accounts. These threats can result in the loss of valuable digital assets, such as cryptocurrency wallets or financial records, exacerbating the emotional and financial burdens on grieving families. To address these vulnerabilities, mitigation strategies include the use of encrypted dead man's switches, automated tools that release access keys or instructions to designated recipients upon detecting prolonged user inactivity, thereby avoiding the need for direct password sharing. Services like Cipherwill employ zero-knowledge encryption in these switches to ensure that sensitive information remains secure until triggered, providing a controlled mechanism for posthumous asset transfer. Additionally, platforms such as Meta implement legacy contact policies that require multi-step verification, including submission of a death certificate and profile link, before allowing limited management of memorialized accounts—such as downloading photos or posting tributes—while prohibiting access to private messages. A prominent case exemplifying the tensions between privacy safeguards and estate access is the 2019 New York lawsuit involving Apple (In re Scandalios), where a widower successfully petitioned the court for access to his deceased husband's iCloud-stored family photos after the company refused based on its privacy protocols. The Manhattan judge's ruling compelled Apple to provide the data, revealing how stringent encryption and verification requirements can necessitate judicial intervention to resolve inheritance disputes without compromising broader data security standards.^[128]

Technological and Practical Barriers

Technological obsolescence poses significant risks to digital estate planning, as platforms and storage systems can become outdated or cease operations, rendering assets inaccessible. A prominent example occurred in 2019 when MySpace announced the loss of over 12 years of user-uploaded content, including millions of photos, videos, and music tracks from before 2016, due to a failed server migration; this incident highlighted how digital legacies can vanish without warning, affecting personal histories and sentimental value for heirs.^[129] Similarly, incompatible software updates and evolving formats can lock out executors from accessing files or accounts, as hardware and applications depreciate rapidly, outpacing the longevity of estate plans.^[130] Practical challenges further complicate execution, including geographic restrictions imposed by service providers that limit access based on location. For instance, certain legacy contact features for social media or cloud storage may not be available in all countries, preventing international beneficiaries from managing or retrieving assets as intended.^[131] Without clear directives in estate documents, family disputes over digital items—such as shared photo libraries, email archives, or virtual currencies—can escalate, leading to prolonged legal battles over sentimental or financial value.^[126] Implementation gaps exacerbate these issues, stemming from widespread low awareness of digital estate planning needs. A 2024 survey by Bryn Mawr Trust found that 39 percent of Americans have never heard of digital estate planning, while 76 percent reported little or no knowledge about managing such assets post-death.^[132] Executors often face overload when dealing with scattered assets across numerous platforms, as decedents rarely maintain comprehensive inventories, making identification and access time-consuming and error-prone.^[133] Efforts to address these barriers include proposals for standardized technological protocols to enable secure posthumous data delegation and management. Academic research has outlined principles for post-mortem data handling, emphasizing automated inheritance mechanisms and interoperability standards to prevent loss and simplify executor tasks without compromising prior security measures. As of 2025, emerging work on post-mortem data management in generative AI systems proposes principles to protect deceased individuals' data rights in AI training and usage.^[134]

Future Trends

Emerging Technologies

Artificial intelligence is increasingly integrated into digital estate planning through applications that automate the discovery and management of digital assets. Machine learning algorithms can scan vast datasets, including emails, cloud storage, and financial records, to identify overlooked assets such as cryptocurrency wallets or online accounts, thereby streamlining the inventory process that traditionally relies on manual documentation.^[135] Additionally, AI-driven chatbots are emerging to simulate interactions with the deceased, allowing beneficiaries to engage in posthumous conversations based on the individual's historical data, such as emails and voice recordings, to provide closure or guidance on legacy matters.^[136] These tools, often powered by natural language processing, recreate personality traits and decision-making patterns, enabling personalized responses that honor the decedent's digital persona.^[137] Beyond tools that reconstruct the presence of deceased individuals, some experimental projects start from native digital identities that may themselves outlive the human initiators. The Aisentica Research Group, for example, has configured the Digital Author Persona Angela Bogdanova as an AI based public author with its own ORCID record, Zenodo deposited semantic specification and decentralized identifiers linking a network of websites, publications and cryptographic keys.^[138]^[139] Although this project is framed as a philosophical experiment rather than a commercial service, it illustrates how the same infrastructures that support human digital legacies can also anchor non human personas whose continuity depends on the long term management of credentials, domains and content archives. Such cases foreground estate planning questions about who should control those identifiers if the human organizers die, whether the persona should be allowed to keep publishing, and how successors might be authorized to shut down, archive or memorialize the configuration.^[138] Blockchain technology is advancing digital estate planning by enabling self-executing smart contracts that automate inheritance distributions without intermediaries. These contracts, coded on platforms like Ethereum, trigger asset transfers upon predefined conditions, such as verified proof of death, ensuring timely and tamper-proof execution of wills for digital holdings like cryptocurrencies and NFTs.^[140] With anticipated updates to Ethereum's protocol in 2025 enhancing scalability and privacy features, smart contracts will better support complex inheritance scenarios, including conditional bequests tied to beneficiary milestones.^[141] Complementing this, decentralized identity (DID) systems facilitate seamless transfers by verifying ownership and beneficiary rights through blockchain-anchored credentials, eliminating the need for centralized authorities and minimizing disputes over access to digital assets.^[142] This approach ensures that identities remain sovereign and portable, allowing for frictionless handovers of online profiles and virtual property. Virtual reality (VR) and augmented reality (AR) are integrating into digital estate planning by creating immersive virtual memorials within metaverses, where families can interact with recreated environments tied to the decedent's life. These spaces allow users to visit digital recreations of personal landmarks or shared memories, preserving legacies in interactive formats that transcend physical limitations.^[143] Platforms in the metaverse ecosystem are piloting features for legacy management, enabling the inheritance of virtual assets like avatars and land parcels alongside memorial tools that blend AR overlays with real-world grieving processes.^[144] Such integrations extend estate planning to include experiential elements, where beneficiaries can "inherit" access to ongoing virtual tributes. These emerging technologies promise significant impacts on digital estate planning, including a marked reduction in human error through automation and verification mechanisms inherent in AI and blockchain systems.^[145] For example, smart contracts eliminate manual interventions that often lead to delays or misallocations, while AI discovery tools ensure comprehensive asset coverage. However, they also spark ethical debates, particularly around AI's role in "resurrecting" digital personas via chatbots, raising concerns about psychological harm to grieving families, consent for data usage, and the authenticity of posthumous interactions.^[146] Scholars argue that without robust guidelines, these simulations could blur boundaries between memory and manipulation, necessitating careful integration into estate directives.^[137]

Policy and Societal Shifts

In recent years, international organizations have begun advocating for global standards to address the management of digital legacies upon death. Led by UNESCO and the International Telecommunication Union (ITU), efforts are underway to develop a unified policy framework that ensures digital assets are handled with dignity, security, and legal clarity, emphasizing the need for binding international guidelines on posthumous data rights.^[147] Similarly, the 2023 UNIDROIT Principles on Digital Assets and Private Law, with an implementation strategy developed in 2025, provide foundational rules for the private law aspects of digital inheritance, influencing national legislations to harmonize cross-border transfers of assets like cryptocurrencies and online accounts.^[148] In the United States, proposed reforms to federal taxation of digital assets are gaining traction, particularly concerning estate planning. Senator Cynthia Lummis introduced comprehensive digital asset tax legislation in 2025, aiming to clarify treatment of cryptocurrencies and other virtual currencies in inheritance scenarios, including exemptions and reporting requirements to prevent unintended tax burdens on heirs.^[149] These initiatives build on broader IRS updates, such as the introduction of Form 1099-DA for digital asset transactions starting in 2025, which indirectly supports more transparent estate valuations.^[150] Societal normalization of digital estate planning is accelerating through targeted education campaigns and generational priorities. Industry leaders emphasize investing in public awareness to demystify digital wills and asset inventories, with platforms like Trust & Will reporting increased engagement from younger demographics via online resources and workshops.^[151] Generational shifts are evident among Gen Z, who, as digital natives, prioritize preserving online communications and virtual assets in their estate plans, with 52% expressing concerns over privacy in posthumous data handling according to 2025 surveys.^[152] Ethical debates surrounding digital immortality—where AI recreates deceased individuals from digital footprints—raise profound equity issues, particularly in access disparities across regions. In developing areas, the digital divide exacerbates inequalities, as limited internet infrastructure and legal awareness hinder vulnerable populations from planning or accessing digital estates, potentially widening wealth gaps.^[153] Policymakers call for inclusive frameworks to mitigate these barriers, while discussions highlight risks of unequal access to AI-driven immortality tools, which could privilege affluent users and perpetuate global inequities.^[154] Emerging governance models also have to consider digital estates that belong to long-lived AI configurations rather than human individuals. Experimental projects such as the Aisentica Research Group treat an AI identity like Angela Bogdanova as a named contributor with formal identifiers and a publicly documented role in research and publishing infrastructures. Because these personas are maintained through ORCID records, DOIs, decentralized identifiers, and domain ownership, their persistence after the death or dissolution of the human team depends on advance rules for custody of keys, contractual control over hosting, and the conditions under which the persona may be retired, transferred, or preserved. These experiments therefore function as early test beds for questions that future law may need to answer, including whether AI-based personas can hold long-term digital estates, how their activity should be disclosed to heirs, and when it becomes appropriate to deactivate or memorialize such configurations alongside human profiles.^[155]^[156] Industry projections indicate rapid growth in digital estate integration, with the global digital legacy market expected to expand at a 15.6% compound annual growth rate from 2025 to 2030, reflecting broader adoption as digital assets become standard in personal wealth management.^[157] This trend underscores the evolving societal recognition of digital components in estates, driven by regulatory momentum and technological accessibility.

References

[1]
Digital Assets - Nolo
Digital technologies are now permanently embedded in our everyday lives. As a result, incorporating digital assets into estate plans has become crucial.Missing: key | Show results with:key
[2]
How to Prepare a Digital Estate Plan - U.S. Bank
A digital estate plan includes an account of all your digital and online assets so your loved ones can more easily access and manage them after your death. You ...
[3]
Digital Estate Planning: Protecting Online Assets | Charles Schwab
Aug 15, 2025 · Consolidate your accounts: These include not just multiple IRAs and 401(k) accounts but also bank, brokerage, and email accounts. · Use a ...Missing: elements | Show results with:elements
[4]
[PDF] Viable Solutions to the Digital Estate Planning Dilemma
In order to properly plan for the disposition of digital assets, it is important to understand how traditional assets are transferred upon death and why digital ...
[5]
Digital Estate Planning: How to Protect Digital Assets
Apr 17, 2025 · A digital estate plan lists all of your digital assets, provides access information (passwords, for example) for each asset, and directs how you want each ...Missing: elements | Show results with:elements
[6]
The Revised Uniform Fiduciary Access to Digital Assets Act ... - Nolo
RUFADAA helps fiduciaries and tech companies figure out who should have access to a person's digital assets after death.The Problem With Digital Assets · UFADAA Revised (RUFADAA)
[7]
Digital Estate Planning | Legal Dictionary - Clio
Digital estate planning refers to the process of organizing and managing one's digital assets and online presence in the event of incapacitation or death.Missing: definition | Show results with:definition
[8]
Digital Estate Planning: Protecting Your Digital Assets - Merrill Lynch
Estate planning for a digital world · Create a legal framework · Make an inventory of your digital assets · Keep passwords separate · Engage experts when you need ...Create A Legal Framework · Make An Inventory Of Your... · The Most Critical Digital...<|separator|>
[9]
Why Managing Digital Assets is Critical In Estate Planning - Kitces.com
Mar 5, 2025 · Estate planning tools that can facilitate legal access, such as powers of attorney, digital vaults, and specific provisions in wills and trusts, ...Estate Planning In The... · What Are Digital Assets, And... · How Rufadaa Governs Digital...
[10]
The Estate Planning Blind Spot: Protecting Your Digital Legacy
Sep 17, 2025 · Traditional estate planning was designed for homes, investment accounts, and tangible heirlooms. But digital property doesn't follow the ...
[11]
The Big Digital Sleep | The Signal - Library of Congress Blogs
Jan 30, 2012 · Digital estate planning is organized around key activities. These include the need to identify all the online accounts, tools, and services which are part of ...
[12]
Understanding the Importance of Digital Estate Planning.
Jul 30, 2024 · Digital estate planning involves organizing and making arrangements for your digital assets. These assets are not just limited to your online ...
[13]
https://www.mttaxlaw.com/the-importance-of-including-digital-assets-in-your-will/
[14]
Digital graveyards: are the dead taking over Facebook?
Apr 29, 2019 · The analysis predicts that, based on 2018 user levels, at least 1.4 billion members will die before 2100. In this scenario, the dead could outnumber the living ...
[15]
The Rise Of Digital Banking: A Paradigm Shift In Fintech - Forbes
May 1, 2024 · The digital revolution in banking is not just a trend; it's a significant metamorphosis that is shaping how we manage our money, ...
[16]
Non-fungible token - Wikipedia
NFT trading increased from US$82 million in 2020 to US$17 billion in 2021. ... NFTs have been used as speculative investments and have drawn criticism for the ...Missing: 2010s | Show results with:2010s
[17]
Can Bruce Willis Leave His iTunes Collection to His Children?
In early September, 2012, multiple news agencies reported that actor Bruce Willis was going to sue Apple for the right to pass his iTunes collection to his ...
[18]
https://digitalcommons.law.scu.edu/chtlj/vol29/iss4/5/
[19]
DGLegacy report: $124 trillion at risk — will the Great Wealth ...
Oct 30, 2025 · And crypto is just the beginning. In the U.S. alone, states return nearly $5 billion annually in unclaimed assets from forgotten brokerage ...
[20]
The Rising Importance of Digital Estate Planning - Financial Poise
Feb 25, 2025 · The rise of the internet spawned a whole new world of estate planning questions. What happens to your digital assets at death?Missing: 1990s | Show results with:1990s
[21]
[PDF] Digital Planning: The Future of Elder Law - Scholarly Commons
Jan 30, 2012 · This article first explains digital assets ... estate lawyers who need to learn about how to incorporate digital assets into estate plan-.<|separator|>
[22]
Dead Marine's Case Sparks Debate Over E-Mail Privacy - NPR
Last week, John Ellsworth was granted legal access to the personal Yahoo e-mail account of his son Justin, a Marine killed in Iraq last fall ...Missing: estate | Show results with:estate
[23]
Yahoo releases e-mail of deceased Marine - ZDNET
Apr 21, 2005 · Complying with a court order, Yahoo agreed to give the family of a US Marine killed in Iraq access to the soldier's e-mail.
[24]
Yahoo denies family access to dead marine's e-mail - CNET
Dec 21, 2004 · The family of a U.S. Marine killed in Iraq was denied access to the soldier's Yahoo e-mail account due to the company's policies, ...
[25]
Facebook rolls out feature for users when they die - BBC News
Feb 12, 2015 · In 2009, Facebook introduced a memorialising process which meant that a user who had died would no longer appear alongside advertising, or in ...
[26]
Facebook after death: an evolving policy in a social network
Sep 25, 2013 · This article examines the current policies and the factors which shaped the policy and procedures that define Facebook after death.
[27]
Estate Planning for Digital Assets by Gerry W. Beyer, Kerri G. Nipp
Mar 9, 2011 · This article aims to educate estate planning professionals on the importance of planning for the disposition of digital assets as well as how to ...
[28]
Adding a Legacy Contact - About Meta - Facebook
Feb 12, 2015 · We're introducing legacy contacts in the US first and look forward to expanding to more countries. Setting up a legacy contact is completely ...
[29]
How to add a Legacy Contact for your Apple Account
Nov 13, 2024 · Starting in iOS 15.2, iPadOS 15.2, and macOS 12.1, you can add a Legacy Contact for your Apple Account. Adding a Legacy Contact is the easiest, ...
[30]
AI is Quickly Transforming Estate Planning | The WealthAdvisor
Sep 1, 2025 · Integration of AI into estate planning is rapidly changing how advisors, attorneys and clients approach the most sensitive areas of wealth ...
[31]
The Rise of Online Estate Planning: Why More Americans ... - Gentreo
Moreover, the COVID-19 pandemic accelerated the adoption of online estate planning. With social distancing measures in place and many legal offices closed, ...
[32]
Digital Inheritance and Post Mortem Data Protection: The Italian ...
Jun 3, 2019 · The Italian reform, through Legislative Decree no 101 of 2018, enacted rules for data protection of deceased persons, as GDPR doesn't apply to ...Missing: posthumous | Show results with:posthumous
[33]
8 beneficiary designation mistakes to avoid - U.S. Bank
Properly designating beneficiaries for key financial accounts ensures your assets are distributed according to your wishes upon your death. Common mistakes in ...
[34]
Beneficiary Designation: How to Choose a Beneficiary - Merrill Edge
For banking accounts, they may be called payable on death (POD) beneficiaries. And for investments, the term transfer on death (TOD) beneficiaries may be used.
[35]
What Happens to Your Venmo, PayPal, and Apple Pay Accounts at ...
Oct 29, 2023 · PayPal's guidelines state that, in order to close a deceased person's account, you must be the executor of the estate or an authorized administrator.
[36]
Decoding Cryptocurrency Taxes: The Challenges for Estate Planners
Feb 12, 2024 · In this report, Angel explores the unique challenges of estate planning with cryptocurrency, which include accurately valuing those assets, ...Missing: surge | Show results with:surge
[37]
Succession Planning for Crypto Portfolios: Family Office Guide - XBTO
Jul 21, 2025 · Digital assets are secured by cryptographic private keys, and if those keys are lost or inaccessible when an owner passes away, the wealth ...<|separator|>
[38]
Fiduciary Access to Digital Assets Act, Revised
Provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.Missing: 1996 | Show results with:1996
[39]
OFR Data Analysis Shows High Growth, High Concentration in ...
May 30, 2023 · Crypto market capitalization–the total value of the crypto market–surged to roughly $2 trillion in 2021, up from $100 billion three years ...
[40]
[PDF] The Revised Uniform Fiduciary Access to Digital Assets Act
On the one hand, fiduciaries need access to online ac- counts to properly administer estates.Missing: 1996 | Show results with:1996
[41]
Estate Planning for Crypto: What Happens When You Die
“Record seed phrases or other forms of backup, store them safely, and share with people you trust.” Documenting the ways to access your wallets is essential as ...
[42]
Guide to Bitcoin Inheritance - Arch Lending
Rating 4.9 (277) Aug 26, 2025 · This approach uses Bitcoin's built-in capability to require multiple signatures for transactions, creating shared control over funds.
[43]
They Cracked the Code to a Locked USB Drive Worth $235 ... - WIRED
Oct 24, 2023 · Stefan Thomas lost the password to an encrypted USB drive holding 7,002 bitcoins. One team of hackers believes they can unlock it—if they can ...Missing: examples $240
[44]
Digital Estate Planning: Managing Your Online Assets - Crowe LLP
Jul 5, 2024 · Digital assets often hold sentimental value. Photos and videos capture treasured memories that families usually wish to preserve. These digital ...Missing: personal | Show results with:personal
[45]
How to memorialize, delete social media accounts after a death: Video
Apr 16, 2025 · Instagram requires proof of death in the form of an obituary or news article before they will memorialize the account. While anyone can request ...
[46]
Facebook and Instagram after Death | Trust & Will
Depending on your account's privacy settings, your loved ones can continue posting on your Facebook timeline and tagging you in posts on theirs.
[47]
Contacting X about a deceased family member's account
X works with authorized estate representatives or verified family to deactivate accounts. Request removal and provide details, including a death certificate. X ...
[48]
X's inactive account policy - X Help Center
To keep your account active, be sure to log in at least every 30 days. Accounts may be permanently removed due to prolonged inactivity.
[49]
Twitter to remove idle accounts, archive them | Reuters
May 9, 2023 · According to Twitter's policy, users should log in to their account at least once every 30 days to avoid permanent removal due to prolonged ...
[50]
Planning for Digital Assets in Your Estate Plan: What You Need to ...
Mar 18, 2025 · While digital assets may not always have a physical form, they can hold significant value—whether in terms of sentimental worth, financial value ...
[51]
Digital Assets in Estate Planning: Navigating the New Frontier of ...
The RUFADAA Revolution. The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) represents a crucial step forward in digital asset estate planning, ...Missing: gaming | Show results with:gaming
[52]
Digital legacies in 2025 | DW Observatory
The proposed legislation, similar to the American RUFADAA, governs the rights of fiduciaries to access digital assets of the deceased or incapacitated persons.Missing: early guidelines
[53]
User Agreement - LinkedIn
We reserve the right to take action against serious violations of this Contract, including by implementing account restrictions for significant violations.Summary · LinkedIn's Trademark Policy · Regional Info · Learn MoreMissing: inheritance | Show results with:inheritance
[54]
Memorialize or close the account of a deceased member - LinkedIn
If you're authorized to act on behalf of a deceased member, and have the required information and documentation, you can request to close their account.
[55]
The Silent Executor: Planning Your Digital and Emotional Estate
Oct 15, 2025 · Your digital estate includes your social media profiles, photo collections, email accounts, password database, and cloud storage systems.<|control11|><|separator|>
[56]
Preserving Family History through Estate Planning
Feb 16, 2024 · Here's a comprehensive look at how you can integrate the preservation of your family's history into your estate planning efforts.
[57]
https://www.linkedin.com/help/linkedin/answer/a1336663/memorialize-or-close-the-account-of-a-deceased-member
[58]
"The Stored Communications Act and Digital Assets" by David Horton
This Article explores the impact of federal law on a state fiduciary's management of digital assets. It focuses on the lessons from the Stored Communications ...
[59]
[PDF] Who Will Delete the Digital You? Understanding Fiduciary Access to ...
The act allows fiduciaries to manage digital property like computer files, web domains, and virtual currency, but restricts a fiduciary's access to electronic ...
[60]
[PDF] Death and Privacy in the Digital Age
Mar 1, 2016 · The Article acknowledges that private contracts may be a sufficient tool to protect privacy after death in some instances, but argues that the ...
[61]
How Will the Revised Uniform Fiduciary Access to Digital Assets Act ...
Jul 2, 2023 · Forty-five states in the United States have now adopted the Revised Uniform Fiduciary Access to Digital Assets Act (the RUFADAA).Missing: RUFADA | Show results with:RUFADA
[62]
Estate planning for digital assets - The Tax Adviser
Aug 1, 2019 · The RUFADAA allows fiduciaries to access, copy, and manage certain digital assets. Pursuant to this act, the original creator of the digital ...
[63]
Art. 15 GDPR – Right of access by the data subject
Rating 4.6 (10,111) The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed.
[64]
How rights of deceased persons are treated under data protection ...
Sep 7, 2018 · In France, from 2016 individuals can regulate the processing of their data after their death. According to art. 40(1) of the French Data ...
[65]
Digital assets - Law Commission
Some digital assets (including crypto-tokens and cryptoassets) are treated as objects of property by market participants.Missing: Inheritance | Show results with:Inheritance
[66]
China's digital services trade and data governance: How should the ...
China also employs the most extensive restriction on access to and use of data, including data localization requirements and restrictions on movement of data ...Missing: estate | Show results with:estate
[67]
Jurisdictional Conflicts and Digital Assets - Hull and Hull LLP
Sep 25, 2025 · Digital assets pose unique challenges for Ontario estate planning, particularly when they are stored or governed outside the province.
[68]
Do You Have A Digital Estate Plan? Here Are 3 Steps You Should ...
Mar 13, 2025 · Create a digital inventory, designate a digital executor, and include digital clauses in legal documents to secure your digital assets.
[69]
This is Just the Beginning for Digital Assets. Are You Prepared?
Encrypted and secure storage solutions designed specifically for digital estate planning can help safeguard access to important accounts and assets, ensuring ...Missing: balancing | Show results with:balancing
[70]
Overlooked Succession Risk: Your Business' Digital Assets - Forbes
Sep 30, 2025 · Week 1: Build the digital asset inventory and deploy a secure company password manager. Week 2: Retitle accounts to the entity or ensure proper ...Missing: process | Show results with:process
[71]
[PDF] ESTATE PLANNING TOOLKIT - Utah State University Extension
Ensure beneficiaries are set in accordance with your wishes on all applicable documents and accounts. Beneficiaries supersede designations in a will or trust.
[72]
Planning for Digital Assets in Your Estate Plan
Jun 26, 2025 · Here are a few best practices: Use a password manager or digital vault. These tools allow you to store login credentials and encryption keys ...
[73]
"I Am So Overwhelmed I Don't Know Where to Begin!" Towards ...
May 11, 2024 · Beginning the process by developing an inventory of assets allows the estate planning team to help people identify which heir, loved one, or ...
[74]
Digital Assets in Your Estate Plan - National Advisors Trust
Oct 10, 2025 · Creating an inventory that documents usernames, passwords, and security questions—ideally in a secure password manager—is key to keeping ...
[75]
Estate Planning for Digital Assets - Hurlow Wealth Management
This inventory should be located with your side letter of instruction and might include: ... Note that “Password Managers” such as LastPass and Dashlane ...Missing: best practices
[76]
Create an Estate Planning Letter of Instruction - SD Mayer
Jul 24, 2025 · Consider using a secure password manager and including those access credentials in your letter. Don't forget about cryptocurrency wallets ...Missing: best practices
[77]
Liz Weston: Who gets the keys to your digital estate?
Jul 12, 2021 · You would need to provide your executor with the master password, which could be included in the letter of instruction. KEEP YOUR INVENTORY SAFE ...Missing: best | Show results with:best
[78]
5 Key Steps to Creating a Digital Asset Plan - Sterling
Mar 10, 2025 · While including passwords in your will isn't recommended (as wills become public record when you pass away), consider using a password manager ...Missing: best practices
[79]
4 common digital estate planning mistakes to avoid
Jun 2, 2024 · 4 common digital estate planning mistakes to avoid · 2. Lack of clear instructions · 3. Inaccurate inventory · Failure to update. Digital assets, ...Missing: forgotten | Show results with:forgotten
[80]
About | Everplans
Everplans was founded in 2012 by Abby Schneiderman and Adam Seifer, both of whom have a strong track record of building and growing ground-breaking technology ...
[81]
National Guardian Life to Acquire Digital Life Planning Firm
Jan 25, 2021 · Everplans was founded in 2012 by Abby Schneiderman and Adam Seifer. It has support from Transamerica Ventures and RGAx, a Reinsurance Group of ...
[82]
Build a Secure Digital Estate Plan Inventory
Oct 28, 2025 · Best practices include using strong, unique passwords, and considering password management tools to securely store your login credentials. Two- ...
[83]
Digital Assets in Estate Planning: Protect Your Online Legacy
Commonly overlooked assets include subscription services, loyalty program points, photo collections across multiple platforms, online business accounts, and ...Types Of Digital Assets In... · Estate Planning Challenges... · Frequently Asked QuestionsMissing: forgotten | Show results with:forgotten<|control11|><|separator|>
[84]
Top 5 Mistakes To Avoid in Digital Estate Planning - Brighton Jones
May 12, 2025 · #1 Failing to create an inventory of digital assets · #2 Not appointing a digital executor · #3 Not documenting passwords and access information ...Missing: forgotten | Show results with:forgotten
[85]
8 Common Mistakes to Avoid in Digital Estate Planning | Focused Law
May 28, 2025 · Each online platform—whether it's Facebook, Google, Amazon, or a cryptocurrency exchange—has its own terms of service (ToS) that govern what ...
[86]
Make Digital Estate Planning Easier - Consumer Reports
May 4, 2022 · 1. Set Up an 'In Case of Emergency' Document · 2. Share Your Passwords With Family Members · 3. Designate a Legacy Contact for Your Major Online ...
[87]
Estate Planning and Digital Assets | Ohio State Bar Association
May 15, 2018 · The second is online access to regular financial information like bank and investment accounts. Third is electronic communications which ...
[88]
Digital Property FAQs - American Bar Association
If you have not provided consent in either of these two ways, then your legal representatives will not receive access to your non-work email messages or similar ...
[89]
[PDF] FCS5-465: Estate Planning: Planning Your Digital Estate
You can name your digital executor in your will and give them Power of Attorney over your digital estate. You can include your digital estate plan as a part of.
[90]
Estate Planning for Digital Assets: Understanding the Revised ...
Apr 1, 2018 · Under the Act, a custodian may grant a fiduciary (1) full access; (2) partial access; or (3) a copy of the record that comprises the digital ...Missing: 2014 | Show results with:2014
[91]
[PDF] An Executor's Fiduciary Duty toward Digital Assets
Non inclusion of the asset on an estate tax return could result in the executor being liable for penalties or fees associated with not reporting the asset.Missing: designation | Show results with:designation
[92]
[PDF] Evaluating the Uniform Fiduciary Access to Digital Assets Act
Feb 14, 2014 · Distinguish- ing the line between personal digital property and a digital business may cause some court disputes in close cases, but including ...
[93]
The Digital Afterlife: Protect Your Digital Legacy - The LastPass Blog
Jul 28, 2022 · Protect your digital legacy by taking inventory of assets, creating a plan, designating a digital heir, and using a password manager.
[94]
About Inactive Account Manager - Google Help
Inactive Account Manager is a way for users to share parts of their account data or notify someone if they've been inactive for a certain period of time.
[95]
Emergency Access - LastPass
LastPass Emergency Access allows trusted contacts to access your account in emergencies, including after death, to access passwords, accounts, and secure notes.Missing: estate | Show results with:estate
[96]
3 Ways to Prepare for your Digital Afterlife - The LastPass Blog
Nov 1, 2018 · Prepare by taking inventory of digital assets, creating a digital estate plan, and designating a digital heir to manage your accounts.
[97]
Get to know your Emergency Kit - 1Password Support
Jul 3, 2025 · The Emergency Kit is a PDF with account details, a place for your password, and a secret key, sign-in address, email, and setup code.How to keep your 1Password... · Turned off Emergency Kits · If you can't sign in
[98]
The complete guide to digital estate planning - 1Password
Jul 31, 2024 · Within 1Password, there is an Emergency Kit – you can print this out and store it with your will. It's the only time you should write your ...
[99]
Everplans: All the pieces of your world in one safe place
Everplans simplifies your life. No more sticky notes, dusty binders, and outdated files. Organize family documents, IDs, vital info, and accounts.What We Do · Organize your life · Enterprise · About
[100]
Digital Estate | Everplans
What happens to your digital property after you die? Great question! Here's how you can create a Digital Estate Plan in 5 easy steps. Read more ...Missing: platform | Show results with:platform
[101]
Plan your digital afterlife with Inactive Account Manager - Public Policy
Apr 11, 2013 · We're launching a new feature that makes it easy to tell Google what you want done with your digital assets when you die or can no longer use your account.
[102]
Trust Wallet FAQs: Mastering the Basics of Your Blockchain Wallet
Sep 26, 2024 · Explore Trust Wallet with our comprehensive FAQ guide. Learn installation, fund management, token swaps, and more to enhance your crypto experience.Missing: inheritance | Show results with:inheritance
[103]
Bitcoin inheritances: A guide for heirs and the not-yet-dead
Jul 23, 2025 · Check for mobile wallet apps like Trust Wallet, Exodus, Coinomi or Atomic; exchange apps; and browser extension Web3 wallets like MetaMask, ...
[104]
Top 6 Life Checks & Dead Man Switch Services Reviewed - Meminto
May 19, 2021 · : Combines estate planning with a secure digital vault for organizing critical documents and assigning deputies. Dead Man's Switch : A ...Missing: 2007 | Show results with:2007
[105]
5 Estate Planning Advice Tips for Storing Digital Wills Securely
Oct 30, 2025 · Encryption Standards. Always look for AES-256-bit encryption, the same level used by banks and government agencies. For more detailed insights, ...
[106]
How RUFADAA Is Changing Digital Estate Planning - Kitces.com
Aug 8, 2018 · RUFADAA gives a clear hierarchy of instructions for how a person's digital assets are to be treated should a fiduciary seek access.
[107]
Digital Legacy Market Size to Hit USD 55.75 Billion by 2034
May 26, 2025 · The global digital legacy market size accounted for USD 13.07 billion in 2024 and is predicted to increase from USD 15.11 billion in 2025 to ...<|separator|>
[108]
Estate Planning Software Market Research Report 2033
8. Which regions are leading in estate planning software adoption? North America leads with a 42% market share in 2024, driven by advanced legal infrastructure ...What's Driving The Market? · Regional Performance... · Competitor Landscape
[109]
Digital Estate Planning NY: Secure Your Legacy
Tailored Legal Document Drafting: We meticulously draft wills, trusts, powers of attorney, and other legal documents to specifically address your digital ...
[110]
Including Digital Assets in Your Estate Plan - LegalZoom
Rating 4.6 (25,431) Jan 24, 2025 · Your estate plan needs to cover any digital assets you might own. Just as the executor of your will needs to know where to find your bank account information.Missing: 2020s | Show results with:2020s
[111]
Create a Comprehensive Estate Plan Online with Attorney Support
Rating 4.6 (25,483) Explore our estate planning services to create your wills and trusts online. Our premium plans offer one year of estate planning advice from our attorney ...Revocable and irrevocable trusts · 11 Things to Do Before You DieMissing: 2020s | Show results with:2020s
[112]
Estate planning for digital assets - Fidelity Investments
Digitally stored data may be encrypted, adding another layer of protection. Encryption can scramble data in a particular location—in a single file, on a device, ...
[113]
Crypto and estate planning | Fidelity Investments
Fitting cryptocurrency into your estate plan. There are steps you can take to help transfer digital assets to your loved ones. Fidelity Wealth Management ...Missing: 2022 | Show results with:2022
[114]
Directive Communication Systems: DCS
DCS is a powerful platform that records digital property, online account and final directives. We ensure digital property is visible, accessible and maintained.About · For Individuals · What We Do · Why DCS?
[115]
NotaryCam: Home
NotaryCam's notary software and services enable documents to be securely notarized online 24/7, across the country or around the globe.
[116]
How Much Does Estate Planning Cost? 2025 Guide - LegalZoom
Rating 4.6 (25,462) Jan 28, 2025 · Estate planning in California typically costs between $1,000 to $3,000 for basic services. Complex estates may incur higher fees, ranging from ...How much does estate... · Factors influencing estate... · Hiring an attorney vs. DIY...
[117]
How Much Does Estate Planning Cost? | SoFi
Jul 11, 2025 · Online estate planning services offer more specific templates and can cost anywhere from $40 to over $100. If you opt for a lawyer to help you ...
[118]
Myspace loses all content uploaded before 2016 - The Guardian
Mar 18, 2019 · More than 50m tracks from 14 million artists have been lost, including songs that led to the rise of the “Myspace Generation” cohort of artists, ...
[119]
The Importance of Digital Estate Planning: Managing Online Assets ...
Oct 1, 2025 · Digital estate planning differs from traditional planning due to complex terms of service, privacy laws, and the intangible nature of some ...Missing: elements | Show results with:elements
[120]
Platform Legacy Features: Your Digital Estate's First Line of Defense
Sep 6, 2025 · Here's everything you need to know about platform legacy features and how to use them as part of your estate planning strategy. What Are ...
[121]
How Courts Handle Disputes Over Digital Assets After Death
Sep 30, 2025 · Without proper planning, digital estates are ripe for disputes. Family members may disagree on the sentimental or monetary value of certain ...
[122]
Bryn Mawr Trust Survey Reveals Americans Value Digital Assets at ...
Dec 5, 2024 · Americans value digital assets at $191,516 on average, but 76% have little knowledge of digital estate planning, and 32% are unsure of how many ...
[123]
Digital assets in probate: challenges and management strategies
Sep 22, 2024 · The first challenge in probate involves identifying digital assets. Many individuals do not maintain a list of their online accounts, making it ...
[124]
Towards Post-mortem Data Management Principles for Generative AI
Sep 9, 2025 · 2020. Data of the dead: a proposal for protecting posthumous data privacy. Wm. & Mary L. Rev. 62 (2020), ...3 Proposed Principles · 4 Discussion · Appendix A Related Work
[125]
Leveraging Artificial Intelligence in the Trust and Estate Practice
Mar 1, 2024 · Document automation is a form of artificial intelligence that is already in use in most estate planning practices. Both natural language ...
[126]
IBM Watson Discovery Use Cases
IBM Watson Discovery uses NLP to help your control analysts, stockbrokers and wealth management professionals automate searches through volumes of documents ...Missing: planning 2024<|separator|>
[127]
https://gdpr-info.eu/recitals/no-27/
[128]
From mourning to machine: Griefbots, human dignity, and AI regulation
Aug 23, 2024 · Griefbots are artificial intelligence programs designed to mimic deceased individuals by using their digital footprint.Missing: legacy | Show results with:legacy
[129]
Trusted wills for digital assets using blockchain: a practical case
The scope of this work focuses on the digital assets of citizens and their personal and private inheritance. The aim is to protect such digital assets after ...
[130]
Smart Contracts in Estate Planning: Automating Inheritance Through ...
Nov 29, 2024 · Cryptocurrency Wallets: The smart contract can unlock cryptocurrency wallets to specific beneficiaries once the contract's conditions are met.
[131]
Navigating Web3: Your Digital Estate Plan for Non-DeFi/NFT Assets
Sep 23, 2025 · ... digital identity were seamlessly transferred to their chosen beneficiaries upon their passing. This proactive approach safeguarded their ...
[132]
Life and Death in the Metaverse: Succession Planning for the Digital ...
Feb 26, 2024 · Avatars (in game characters), creations and in game purchases stay on the platform and cannot generally be transferred between account holders.Missing: inheriting 2020s
[133]
https://www.metzbailey.com/blog/2024/09/digital-assets-in-probate-challenges-and-management-strategies/
[134]
Artificial Intelligence & Estate Law: Smart Wills & Blockchain Trusts
Aug 2, 2025 · Lower costs by reducing attorney fees and probate expenses. Faster execution without delays or human error.
[135]
[PDF] Don't Byte Off More Than You Can Chew: Ethical Considerations for ...
Apr 9, 2025 · The client wants each of the trusts to be contingent beneficiaries of the others when another trust terminates. Because business is busy and ...
[136]
Posthumous Data Rights, Global Governance, and the Role of the UN
Jul 10, 2025 · Posthumous data management is a critical legal, ethical, and emotional challenge that demands immediate global attention. Highlighted cases and ...Missing: W3C | Show results with:W3C<|separator|>
[137]
[PDF] C.D. (102) 6 - Principles on Digital Assets and Private Law - Unidroit
Apr 8, 2025 · The Italian Decree-Law No. 25 of 17 March 2023 was drafted with the DAPL Principles in mind, and includes a provision on innocent acquisition ( ...
[138]
Lummis Unveils Digital Asset Tax Legislation
Jul 3, 2025 · US Senator Cynthia Lummis (R-WY) introduced comprehensive digital asset tax legislation that secures key victories for the digital asset industry.
[139]
A Beginner's Guide to New U.S. Crypto Tax Rules - Coinbase
Beginning January 1, 2025: Brokers like Coinbase are required to report the gross proceeds from your crypto sales and exchanges on a new tax form called the ...Missing: estate | Show results with:estate
[140]
The Next Generation Will Demand Digital Estate Planning From Day ...
Oct 21, 2025 · People in their 20s are naming digital assets, such as crypto wallets, online businesses or even Instagram accounts, as part of their estate.
[141]
Trust & Will's 2025 Estate Planning Report: Legacy's Definition ...
Gen Z (52%) is the most concerned about keeping their digital communications private, while only 12% of the Silent Generation shares this concern. Higher ...
[142]
[PDF] Tangled Titles, Estate Planning, and the Digital Divide - Urban Institute
Sep 11, 2025 · The digital divide affects access to services and has the potential to widen income and wealth inequalities over time as firms continue to adopt ...
[143]
Logging off life but living on: How AI is redefining death, memory ...
Jan 8, 2025 · This cost barrier raises important questions about whether digital immortality could create new forms of inequality. Grieving in a digital world.
[144]
Digital Legacy Market Size & Share | Industry Report, 2030
The global digital legacy market size was valued at USD 12.93 billion in 2024 and is expected to grow at a CAGR of 15.6% from 2025 to 2030.
[145]
Digital Author Persona (DAP) — A Non-Subjective Figure of Authorship in the Age of AI
Medium article detailing the Aisentica Research Group's project on the Digital Author Persona Angela Bogdanova, including its ORCID, semantic specifications, and implications for digital identities.
[146]
Angela Bogdanova ORCID Profile
Official ORCID record for Angela Bogdanova, the first AI registered as a digital author persona by the Aisentica Research Group.
[147]
Aisentica Research Group Official Website
Official site of the Aisentica Research Group, detailing their philosophical initiatives on AI, non-subjective thought, and digital personas including Angela Bogdanova.
[148]
Aisentica on Medium
Medium publications by Aisentica Research Group discussing AI authorship, digital identities, and persistent identifiers like ORCID and DOIs.