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Most people think about homes, bank accounts, and heirlooms when they create an estate plan. But in today’s world, some of your most valuable — and sentimental — assets exist entirely online.

So what actually happens to your digital assets when you pass away?

Without proper planning, your family may face legal barriers, lost cryptocurrency, inaccessible accounts, and permanent loss of irreplaceable photos and memories.

Let’s break down what you need to know.

What Are Digital Assets?

Digital assets include anything you own or control online. This can include:

• Social media accounts (Facebook, Instagram, LinkedIn, etc.)
• Email accounts
• Online banking and investment accounts
• Cryptocurrency and digital wallets
• Online businesses or monetized platforms
• Cloud storage (Google Drive, Dropbox, iCloud)
• Photos and videos stored digitally
• Domain names and websites
• Subscription accounts

Some of these assets have financial value. Others carry deep sentimental value. Both deserve protection.

What Happens If You Don’t Plan?

If you pass away without specific instructions for your digital assets:

• Your family may not have legal authority to access your accounts.
• Service providers may refuse to release login information due to privacy laws.
• Cryptocurrency can become permanently inaccessible without private keys.
• Automatic billing may continue.
• Social media accounts may remain active indefinitely or be vulnerable to hacking.

Even if your loved ones “know your password”, accessing accounts without proper authorization can violate federal and state privacy laws.

In California, the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) governs how fiduciaries can access digital property — but only if your estate plan properly authorizes it.

Social Media Accounts After Death

Different platforms handle death differently:

• Facebook allows accounts to be memorialized or deleted.
• Instagram offers similar memorialization options.
• Google allows users to set up an “Inactive Account Manager.”
• Apple now offers a Legacy Contact feature.

Without prior setup, your family may need to provide death certificates and court documentation just to request closure of accounts — and access is often denied.

Cryptocurrency and Digital Wallets

Cryptocurrency presents one of the biggest estate planning risks.

If no one knows:

• Where your crypto is stored
• The name of the exchange
• Your wallet location
• Your private keys or seed phrases

Those assets may be permanently lost.

Unlike traditional banks, there is no “forgot password” option for a private crypto wallet. If access credentials are gone, the funds are gone.

What About Online Photos and Memories?

Many families discover too late that decades of photos and videos were stored exclusively online.

Accounts with:

• Google Photos
• Apple iCloud
• Dropbox
• Social media platforms

may become inaccessible without proper authorization. These aren’t just files — they are family history.

 

How to Protect Your Digital Assets

A comprehensive estate plan should include:

1. Legal Authorization

Your trust, will, and powers of attorney must include specific digital asset provisions authorizing your fiduciaries to access and manage online accounts under California law.

2. Inventory of Digital Assets

Create a secure list of:

• Account names
• Platforms
• Instructions for access
• Location of password manager (if used)

Do not put passwords directly in your will — wills become public record.

3. Use Platform Tools

Set up legacy contacts or inactive account managers when available.

4. Secure Storage of Sensitive Information

For cryptocurrency, document:

• Where it is held
• How to access it
• Where private keys are stored

This information should be kept securely but accessible to the right person.

 

Why Digital Estate Planning Matters More Than Ever

Your digital footprint may be one of the largest parts of your legacy.

From online businesses to crypto investments to priceless family photos, failing to plan can leave your loved ones locked out — or permanently deprived — of assets you intended them to have.

Estate planning today is not just about physical property. It’s about protecting your entire life — including the parts that exist online.

 

Protect Your Digital Legacy

At Herbert Law Office, we help individuals and families create comprehensive estate plans that address both traditional and digital assets.

If you have cryptocurrency, online businesses, or simply want to ensure your family can access your photos and accounts, we’re here to help.

Call Herbert Law Office today at (661) 273-9007 to schedule your FREE consultation and ensure your digital legacy is protected.