Blue Notary
By Ty Livingston
Updated December, 2024
Digital assets have become an integral part of modern life, with the average American owning dozens of online accounts and digital properties – from email and social media accounts to cryptocurrency wallets and online businesses. Recognizing this shift, states across the country are finally developing comprehensive legislation to address how these digital assets should be handled after death or incapacitation.
The evolution of digital estate planning laws reflects our increasingly online lives, where valuable and sentimental digital property requires the same careful legal consideration traditionally given to physical assets. State legislatures are working to bridge the gap between traditional estate planning and the unique challenges posed by digital inheritance.
The Legal Landscape of Digital Asset Management After Death
Digital Estate Laws: A National Movement Nearly every state in America has now enacted legislation granting executors and family members the right to manage a deceased person’s digital assets. This widespread adoption stems largely from the Uniform Law Commission’s 2015 Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This model legislation empowers executors, trustees, and court-appointed fiduciaries to access and manage digital assets after someone’s death, though specific provisions and requirements vary by state.
The Tech Platform Challenge: Despite this legislative progress, a significant hurdle remains: many digital platforms continue to prioritize their own terms of service and privacy policies over state laws when determining what happens to user accounts after death. While some companies have taken proactive steps – like Facebook’s Legacy Contact and Google’s Inactive Account Manager – these features require advance planning that many users neglect.
This disconnect between platform policies and legal frameworks highlights why comprehensive digital estate legislation has become crucial. The laws help ensure families can access important digital assets regardless of whether the deceased person set up platform-specific posthumous management tools.
Current Status and Next Steps: States that haven’t yet adopted digital asset legislation may leave families in legal limbo when trying to access a deceased loved one’s online accounts. Given the complexity of digital estate planning, online notarization, and varying state regulations, consulting with a qualified estate attorney remains the best way to understand your rights and create a comprehensive digital estate plan that works within your state’s legal framework.
