How Do I Handle Someone's Online Accounts or Digital Assets?

Managing a loved one's online presence and digital assets after death or incapacitation is an increasingly complex responsibility. In today's digital-first world, assets extend far beyond physical possessions. From social media profiles and cloud photo libraries to cryptocurrency and online banking, handling digital legacies now plays a critical role in estate administration. Contact us by either using the online form or calling us directly at 414-253-8500 for legal assistance.

Understanding What Counts as Digital Assets

Digital assets are more than just photos and social posts. They include:

Email accounts
Social media profiles (Facebook, Instagram, LinkedIn)
Online banking and investment accounts
Cryptocurrency wallets
Cloud storage (Google Drive, Dropbox)
Subscription services (Netflix, Amazon Prime)
Domain names and websites
Digital business assets (eCommerce platforms, PayPal, Venmo)

Each of these may have financial, sentimental, or legal implications. Understanding the scope of someone's digital footprint is the first step toward managing it responsibly and legally.

Legal Authority: Who Can Manage Digital Assets?

Not everyone can legally access or manage another person's digital accounts. You need one or more of the following:

Executor of the Estate (appointed in a will)
Agent under a Durable Power of Attorney (specific digital asset language helps)
Court-appointed Personal Representative
Trustee (if assets are held in a trust)

Digital access must be explicitly granted. The federal Stored Communications Act and other privacy laws prevent unauthorized access, even by family members. That's why it's essential that digital asset planning is part of a comprehensive estate plan.

Review the Will, Trust, or Power of Attorney

Start by checking whether the decedent or incapacitated person left documentation authorizing access to their digital assets. Look for:

Specific digital asset provisions in the will
Named trustee or fiduciary with authority over online accounts
Power of attorney documents granting access to email, files, and financial tools

Without this documentation, gaining access to accounts may require court intervention or may not be legally possible at all.

If the person had a trust-based plan, you may want to refer to this guide on trusts for additional help understanding how digital assets fit into estate planning structures.

Inventory All Known Digital Assets

Make a comprehensive inventory of the deceased or incapacitated person's digital assets. This should include:

Financial accounts - Online bank accounts, PayPal, cryptocurrency wallets
Email accounts - Gmail, Yahoo, Outlook
Social media - Facebook, Instagram, X (formerly Twitter), LinkedIn
Subscription services - Streaming, shopping, and app stores
Cloud storage - Dropbox, Google Drive, iCloud
Business-related accounts - Shopify, Stripe, digital marketing platforms
Loyalty points - Airline miles, credit card rewards

Keep in mind: these platforms often have their own terms of service agreements, which may dictate what happens to the account after death.

Accessing Accounts: What Can and Cannot Be Done

Even with the proper legal authority, accessing digital accounts is not always straightforward. Here's what to consider:

Can Do:

Request data or account deletion through the platform's legacy or memorialization policy
Manage assets that allow transfer, such as cryptocurrency (if keys are available)
Contact customer support with legal documentation

Cannot Do:

Guess or hack passwords (this may violate privacy laws)
Misrepresent yourself to service providers
Use accounts in violation of terms of service (e.g., impersonating the decedent)

To help you navigate this process, platforms like Google and Facebook have digital legacy tools that let users designate what happens to their accounts. If the individual used these tools, it can simplify your job significantly.

Comply with the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA)

The RUFADAA is a key piece of legislation adopted in many states that allows fiduciaries (executors, agents, trustees) limited access to digital assets-provided proper legal steps were followed.

Key elements of RUFADAA:

Fiduciary access must be explicitly granted by the account holder.
Online tools (like Facebook's Legacy Contact or Google's Inactive Account Manager) override instructions in a will.
Without express permission, fiduciaries may only access catalogue data (metadata like timestamps, but not content).

It's critical to understand how RUFADAA applies when handling online accounts. An estate planning attorney can help you determine your rights based on your role and the documentation available.

What Happens When There Are No Instructions?

When no digital asset plan is in place, the process becomes more difficult:

Email providers may deny access due to privacy policies.
Social media accounts may remain online indefinitely.
Cryptocurrency may be lost permanently without access to private keys.
Digital businesses can suffer financial harm or customer service interruptions.

In these cases, your best option is to consult with an attorney to determine whether a court order is appropriate or if other alternatives exist.

Steps to Take When Managing Digital Assets After Death or Incapacity

Once you've gathered legal authority and identified the digital accounts, follow these practical steps to manage or close them properly:

1. Secure the Devices

Immediately secure the individual's digital devices:

Smartphones
Laptops or desktops
Tablets and external drives

These often store passwords, 2FA settings, and direct access to accounts. Protect them from unauthorized access or being wiped remotely.

2. Check for Password Managers

Many individuals use tools like:

LastPass
1Password
Google Password Manager
Apple Keychain

If accessible, these can unlock dozens of accounts, including email, banking, and cloud services. Gaining access to a password manager with the master password may streamline the entire process.

3. Use Platform-Specific Tools

Many digital platforms now offer post-death account management options. Here's how a few major ones handle it:

Facebook: Offers a Legacy Contact to manage memorialized accounts or delete them.
Google: Has an Inactive Account Manager to share or delete data after inactivity.
Apple: Requires a Digital Legacy contact or a court order to access Apple ID data.
Instagram: Allows account removal with a death certificate.

Each platform has specific procedures, often requiring documentation such as:

Death certificate
Letters of administration or court appointment
Proof of relationship

Consider Financial and Tax Implications of Digital Assets

Digital assets may have real-world value and tax implications. These can include:

Cryptocurrency holdings: May be subject to capital gains or estate tax.
Digital businesses or blogs: Monetized platforms may require valuation.
NFTs or digital collectibles: Can carry both financial and IP concerns.

It's important to value and report digital assets accurately during probate or trust administration. Consulting an attorney and possibly a tax professional ensures compliance with all fiduciary duties and IRS rules.

For more information on protecting wealth and minimizing estate taxes, visit our article on asset protection strategies for long-term care.

Safeguard the Deceased's Online Reputation

Digital legacies are not just about finances. They also include social and emotional considerations.

Here are some best practices:

Memorialize or close social media accounts to prevent identity theft.
Notify friends or followers via pinned posts or profile updates.
Redirect digital business traffic (if applicable) or notify clients of the transition.
Preserve sentimental content, such as shared family photos or blog entries, by downloading or archiving them.

Managing the online footprint is part of honoring someone's legacy-and also protects against misuse or fraud.

Prevent Future Digital Estate Issues

After going through this process, many families realize the importance of proactive digital estate planning. To protect your own legacy, consider:

Creating a digital inventory with account names, access instructions, and value estimates.
Using online tools like Google's Inactive Account Manager or Facebook's Legacy Contact.
Including digital asset clauses in your will, trust, and power of attorney documents.
Storing credentials securely, using password managers or encrypted offline storage.

These strategies ensure that your loved ones aren't left with confusion or inaccessible data during an already difficult time.

To learn more about incorporating digital assets into your broader estate plan, read How to Create a Comprehensive Estate Plan for Your Digital Assets.

Contact a Digital Asset Attorney for Help Managing Online Accounts

If you're navigating the complex process of managing a loved one's digital accounts-or want to ensure your own digital estate is well-organized for the future-our team can help. At Heritage Law Office, we assist clients with the legal and practical tools needed to responsibly handle digital assets in estate and incapacity planning.

Contact us today by using our online form or calling us at 414-253-8500 to speak with an experienced attorney about digital estate planning or administration.

Frequently Asked Questions (FAQs)

1. What are considered digital assets in estate planning?

Digital assets include any content or accounts that exist in digital form. This ranges from email accounts, social media profiles, and cryptocurrency to cloud storage, online banking, digital photos, domain names, and even loyalty rewards programs. They can have monetary, sentimental, or legal value and should be included in estate planning documents.

2. Can I legally access someone's online accounts after they die?

Not automatically. Access depends on whether you are legally authorized as an executor, trustee, or agent with specific digital asset permissions. Laws such as the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) and each platform's terms of service govern what you can access. Without proper authorization or court approval, attempting access may violate privacy or anti-hacking laws.

3. What should I do if I don't have the passwords?

If you don't have passwords, start by checking for:

A password manager (like LastPass or Apple Keychain)
Written records or secure password storage
Devices that remain logged in

If none are found, contact the platform directly. Some offer procedures for account access or memorialization with legal documentation (e.g., death certificate, court order). Always avoid guessing passwords or using unauthorized methods.

4. How do I protect my own digital assets for the future?

Start by:

Creating an inventory of all online accounts and digital property
Using estate planning documents (will, trust, power of attorney) to assign a digital fiduciary
Designating digital legacy contacts on major platforms like Google and Facebook
Storing access credentials securely, such as in an encrypted password manager

Planning ahead ensures your loved ones can manage your digital life without legal complications.

5. Do digital assets go through probate?

Yes, digital assets can be subject to probate if they have monetary value and are not held in a trust or otherwise transferred outside of probate. For example, a crypto wallet, digital business income, or domain name may require court administration. Including these assets in a trust can help avoid probate complications.