As more of our lives move online, our “digital footprint” has become one of our most valuable—and overlooked—forms of wealth. From cryptocurrency wallets to family photos stored in the cloud, digital assets are now an essential part of a complete estate plan.

The Hidden Value of Your Digital World

Today’s estate is no longer limited to homes, investments, and bank accounts. It includes:

  • Cryptocurrency and NFTs: Bitcoin, Ethereum, and digital collectibles that require private keys for access.

  • Online financial accounts: PayPal, Venmo, and investment apps that may hold meaningful balances.

  • Cloud storage and digital subscriptions: Google Drive, Dropbox, iCloud, and other platforms containing important files and memories.

  • Social media and communication platforms: Facebook, X (Twitter), Instagram, email, and personal websites.

  • Digital businesses and intellectual property: Blogs, online stores, YouTube channels, and even AI-generated content.

Without a clear plan, these assets can become inaccessible, potentially lost forever.

Why Traditional Estate Plans Fall Short

Most wills and trusts focus on tangible and financial assets. Yet, digital property often requires special handling:

  • Many accounts are protected by encryption, two-factor authentication, or private keys that no one else can access.

  • Terms of service agreements for platforms like Google, Apple, or Meta often prevent sharing or transferring accounts.

  • Federal privacy laws can make it illegal for even a spouse or executor to log in without explicit authorization.

The Rise of the Digital Executor

A growing trend in estate planning is appointing a digital executor, someone specifically responsible for managing your online presence and digital property after death.
This person can:

  • Access encrypted devices and accounts (using provided passwords or instructions).

  • Manage social media memorialization or deletion.

  • Oversee cryptocurrency transfers or liquidations.

  • Close or archive email, subscription, and business accounts.

⚖️ Note: In Ohio and many other states, the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) now governs how executors and trustees can access digital accounts,but only if the proper permissions are written into your estate plan.

How to Protect Your Digital Legacy

1. Create a Digital Assets Inventory
List every digital account, device, and storage location, along with where to find login credentials or access keys. This list should be updated regularly and stored securely.

2. Provide Clear Instructions
Specify what you want done with each digital asset:

  • Should accounts be deleted, memorialized, or transferred?

  • Who should receive access to photos, files, or crypto?

3. Include Legal Authorization
Your will, trust, or power of attorney should explicitly authorize your executor or fiduciary to access and manage digital accounts under state law.

4. Secure Keys and Passwords
For cryptocurrency, NFTs, and other blockchain assets, private keys are everything.
Without them, ownership cannot be proven or transferred. Store keys using:

  • A hardware wallet

  • Encrypted digital vault

  • Secure written record stored with your estate attorney

5. Review Regularly
Digital assets evolve faster than traditional ones. Review your digital estate plan annually or whenever you add new accounts or devices.

Why This Matters Now

The number of people with significant digital wealth continues to grow daily, and so do the risks of inaction. Estates have been tied up or lost entirely because heirs were unable to unlock crypto wallets or retrieve files. A thoughtful digital estate plan ensures your legacy—financial, creative, and personal—doesn’t disappear into cyberspace.

Take the Next Step: Get Your Digital Assets Inventory Worksheet

Godbey Law LLC can help you create a secure, comprehensive record of your digital property and ensure your estate plan covers every detail, online and off.

📩 Request our “Digital Assets Inventory Worksheet” to get started.
It’s the first step toward protecting your digital legacy for the people you love most.

Sources referenced:
Kiplinger, Robbins Estate Law, Bessemer Trust, Wealth Management.