Including Online Accounts and Digital Property in Your Estate Plan in New York

When people think about estate planning, they often focus on physical assets—things like bank accounts, houses, or family heirlooms. But in today’s digital world, many of our most important records and interactions are stored online. From email and social media accounts to cryptocurrency and cloud-stored documents, digital assets have real value and should be part of a complete estate plan.

Failing to plan for these assets can leave loved ones struggling to gain access, or worse, lead to valuable or sentimental data being lost forever. In New York, there are specific tools and legal frameworks to help you protect and transfer your digital property when the time comes.

What digital assets actually include

Digital assets go beyond just financial accounts. They cover any content, information, or property stored in digital form. Here are some examples of what may fall under this category:

• Email accounts (like Gmail or Outlook)

• Social media profiles (such as Facebook, Instagram, LinkedIn)

• Online banking and investment accounts

• Cryptocurrency wallets and keys (Bitcoin, Ethereum, etc.)

• Cloud storage services (Dropbox, Google Drive, iCloud)

• Subscription services (Netflix, Spotify, Amazon Prime)

• Personal websites or blogs

• Online businesses or e-commerce storefronts

• Gaming accounts or virtual currencies

• Photo and video libraries stored online

• Loyalty rewards and airline miles, depending on provider policies

Some digital assets hold monetary value. Others are meaningful for personal or sentimental reasons. Either way, planning for them is essential if you want to ensure a smooth transition after your passing.

Why planning for digital assets is different

Unlike physical property, digital assets are often protected by passwords, encryption, or strict user agreements. Simply giving someone your login information might violate terms of service or privacy laws. In many cases, companies that store your digital data—like Apple or Google—are prohibited from releasing it without legal authorization, even to family members.

This creates a serious challenge if you become incapacitated or pass away without leaving proper instructions. Loved ones may not be able to access your email or retrieve important files. Worse, they may be unable to shut down fraudulent activity or secure sensitive information.

Steps to protect digital assets in your estate plan

Managing digital assets takes a few extra steps, but doing so can prevent unnecessary confusion, conflict, or financial loss. Here’s how to get started:

Take an inventory of your digital footprint

List out your digital assets just as you would with physical ones. This includes:

• Websites and domains you own

• Online accounts tied to your finances

• Password-protected devices like smartphones or laptops

• Important files or photos stored online

• Cryptocurrency or digital wallets

• Any income-generating digital ventures

Be thorough. If you use a password manager, include that as well. For each item, record the name of the platform, your username, and what the account is used for. Avoid storing actual passwords in your will—these documents eventually become public record.

Decide who should have access

You may want different people to manage different types of digital property. For example, you might assign your spouse to handle personal emails and photos, while a business partner takes care of online business assets.

Choose someone who is comfortable with technology and who understands the value of the digital accounts you own. This person may be the same as your executor, or you can name a digital fiduciary specifically for this role.

3. Leave clear instructions in your estate plan

In New York, digital assets are covered under the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This law allows you to authorize someone to access and manage your digital property in the event of death or incapacity, as long as that authorization is clearly written in your legal documents.

You should work with an estate planning attorney to:

• Include digital asset language in your will, trust, or power of attorney documents

• Grant access and define the scope of authority for your digital fiduciary

• Clarify your wishes on how each account or asset should be handled

For example, you might request that your social media accounts be deleted, your blog be archived, or your cryptocurrency transferred to a beneficiary. Being specific helps your fiduciary act quickly and confidently.

Use online tools when available

Many platforms allow you to designate what should happen to your accounts when you pass away. These tools often override what’s written in your estate documents, so be sure to update them consistently.

For instance:

• Facebook allows you to name a legacy contact or choose to have your profile deleted

• Google offers an Inactive Account Manager where you can choose who gets access

• Apple allows you to assign a legacy contact under your Apple ID settings

Check the settings of each platform you use. Activating these options can give your chosen representative access without needing to go through a lengthy legal process.

Keep your records safe and updated

Your digital asset list and access instructions should be stored in a secure but accessible place. A secure digital vault, password manager, or encrypted document can work well. Avoid including passwords in your will, since it may be accessible to the public during probate.

Review your inventory regularly. If you change passwords, close accounts, or create new ones, your plan should reflect those changes. Outdated records can be as problematic as having none at all.

Don’t forget about privacy and identity protection

After your death, inactive digital accounts can become targets for identity theft. That’s why it’s so important to have someone close them, transfer ownership, or manage them securely.

Be clear in your instructions about what should be preserved and what should be deleted. This helps protect both your personal information and your loved ones.

Talk to your loved ones about your plan

A conversation can go a long way. Let your family know you’ve included digital assets in your estate plan and who will be responsible for managing them. It’s also helpful to share where your records are stored and how to access them.

Having the conversation now helps avoid missteps later. Your loved ones won’t have to guess your intentions or scramble for logins in a time of stress.

Conclusion

As more of our lives take place online, digital property becomes a bigger part of our legacy. Planning ahead ensures your accounts, files, and valuable online content don’t fall into the wrong hands—or disappear entirely.

Including digital assets in your estate plan isn’t just about convenience. It’s about protecting what you’ve built, preserving memories, and giving your loved ones the tools they need to carry out your wishes.

If you live in New York and haven’t addressed this part of your estate, now is the time to start. A qualified estate planning attorney can help you create a digital strategy that fits your goals and complies with state laws. By acting today, you take one more step toward a complete, secure plan for the future.