Digital Assets

Our 2^nd quarter 2025 educational webinar on Digital Assets Estate Planning (with local attorney, Jake Samad ) discussed some key tips and tools to help manage this topic. You can watch the webinar here; this is a follow-up to that discussion.

As digital assets become increasingly prevalent and valuable, both financially and sentimentally, integrating them into one’s estate planning is essential. These assets may include cryptocurrencies, online banking credentials, digital wallets, domain names, email accounts, cloud-based storage and social media profiles.

Because many digital assets are password-protected and governed by terms-of-service agreements, traditional estate documents like wills, trusts and powers-of-attorney must include provisions to ensure rightful heirs can legally and securely access them. Key steps include:

• creating an up-to-date list of digital accounts/assets, (see sample spreadsheet)
• specifying access instructions and tools like hardware wallets or private keys,
• and appointing appropriate executors, trustees and/or agents to carry out final wishes.

Legal clarity is equally crucial. While most states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which allows executors/trustees to access certain digital accounts under specific conditions, some assets may have stricter limits.

To help navigate this complexity, estate planning documents should explicitly outline permissions and intent for digital asset management and include separate memoranda listing login credentials—stored securely outside the will and trust documents.

Because many passwords are required to be changed periodically, keeping your list of digital assets and passwords up to date may be tedious. However, taking these steps helps prevent identity theft, minimizes probate delays, and preserves your digital legacy for heirs.