Legal & Fiduciary Access for Digital Assets

Most social media sites have established policies to determine what happens to an account when someone dies. Social media platforms such as Instagram, Facebook, X, and LinkedIn have policies indicating how accounts should be handled and managed in the event of death. These policies can determine whether a trusted person can manage the profile and the associated data of the person who died or if the profile should be deleted. Individuals can also define who they would prefer to manage these accounts in their will. 

What can be done with a social media account after someone has died will vary based on the platform’s features and policies. For example, Facebook (Meta) and Instagram both offer the option to memorialize the profile or page of the person who died. This allows the profile space to become a digital memorial. Platforms such as LinkedIn and X do not offer this functionality but allow family members or representatives to request the deactivation and removal of any profiles belonging to the person who died. Currently, TikTok does not provide any legacy options or similar functionality allowing family members or representatives, such as executors, to deactivate or remove a profile.

Given the vast extent to which many people utilize social media, most platforms offer options for account management or memorialization according to the original user’s indicated preferences. As digital assets and identities continue to become significant, there is a greater need to understand and implement these policies to ensure that personal data and legacies are maintained and protected appropriately after death. Individuals who are interested in establishing how their social media should be managed are encouraged to review the options available to them on each platform and further define preferences in their will with the assistance of a legal professional. 

Sources 

“Posting beyond the grave: What happens to your social media when you die?” FindLaw. https://www.findlaw.com/legalblogs/law-and-life/posting-beyond-the-grave-what-happens-to-your-social-media-when-you-die/ 

“The afterlife of social media: Social media accounts after death.” Trust & Will. https://trustandwill.com/learn/what-happens-to-your-social-media-when-you-die 

Yes, there are cloud-based services designed specifically to help you securely store digital assets (such as digital photos, videos and documents) and grant access to your representatives after your death. These services are often called digital legacy or digital inheritance platforms.

Some dedicated digital inheritance services include:

• Inheriti — Securely stores digital assets, passwords and social media login credentials and allows for secure sharing with designated loved ones.
• WillBox.me — Lets you create a personal archive with passwords, digital assets and more, with a LifeCheck system that sends you periodic check-ins. If you don’t respond to three check-ins, it prompts secure data delivery to your chosen recipients.
• DGLegacy — Allows you to store financial digital assets like cryptocurrency — along with logging more traditional assets like bank accounts, insurance information, etc. — together in one place. If the site detects a fatal event, it will inform your designated beneficiaries about their appropriated assets. 

Sources

“A Guide to Managing Online Accounts After the Death of a Loved One.” Willful. https://www.willful.co/learn/online-accounts-after-death

“How to Manage Digital Assets Upon Death.” Phaneuf Funeral Home & Cremation. https://phaneuf.net/after-a-loss/how-to-manage-digital-assets-upon-death

Putting backup copies of important account information and passwords in a safe deposit box is a good idea, but it’s worth keeping in mind that a safe deposit box (or safety deposit box) is only accessible during bank hours, and requires your key. This means if your loved ones need access to this information after you die, it can be difficult to retrieve in a timely fashion. It’s possible to designate a trusted co-lessor for your box, who would also hold a key, but they’re still beholden to the bank’s schedule when it comes to access.

It may be a better idea to keep important account information and passwords in a secure home safe, which will ensure your information is protected, and then give the entry instructions to a trusted family member or friend. You could also keep a backup copy of this information with a trusted person. Another option is to put this information in a document and store it digitally via cloud storage, ensuring that at least a trusted loved one has access to the information.

Sources

“Safe Deposit Boxes: Store This, Not That.” Investopedia. https://www.investopedia.com/safe-deposit-box-what-to-store-and-not-store-in-yours-4589854

“Safe Deposit Box: What You Should & Shouldn’t Store.” California Community Credit Union. https://www.caccu.org/safe-deposit-box-what-you-should-shouldnt-store/

No, access is not automatic for your trustees and executors to manage your digital assets in the event you are incapacitated or die. Your digital assets and online accounts must be explicitly named in your will or trust for your executor or trustee to have the legal authority to access them. Without access to your online accounts and digital assets, your executor will not be able to take care of important tasks in a timely manner, such as paying your bills online or accessing your files on cloud-based services. While your executor might be able to get access through traditional methods if there’s a non-digital component to some of your assets, they will have limited access if proper legal authority isn’t granted ahead of time in your legal documents. 

It is important to note that platforms like Facebook and Google will restrict access to your accounts unless you have listed someone as a legacy contact and designated who should manage your digital assets through the inactive account manager. Additionally, to ensure that the people named as your executor or trustee have access to your online accounts and digital assets, you should set up a password manager platform or a document that maintains all of the login information to your accounts. Using a password manager platform is generally the most secure option. If you choose to use a document to maintain your passwords, it should be encrypted to maintain security.

In states where Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) has not been adopted, such as Louisiana, your executor may need a court order for access to contested digital assets and online accounts. Digital asset management is becoming increasingly important, making it crucial to plan ahead. Without proactive planning for the future, you risk financial loss, the deletion of sentimental assets such as photos and emails, and even potential court petitions that affect your executor. 

Sources

“Why your Executor Needs Access to Digital Assets”. NOLO. https://www.nolo.com/legal-encyclopedia/why-your-executor-needs-access-to-digital-assets.html 

“Digital Assets in Estate Planning: What You Need to Know”. Porter Law Firm. https://porterlawyers.com/blog/digital-assets-in-estate-planning-what-you-need-to-know/

“Digital Asset Estate Planning”. Elder Law and Advocacy. https://elaca.org/digital-asset-estate-planning/ 

The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) does not apply in all 50 states at this time. As of 2025, 46 states, Washington D.C., and the U.S. Virgin Islands have adopted RUFADAA. Some examples include SB 1193 in Texas  and AB-691 in California. Although some states have modified the language of the act, such as Oklahoma, Louisiana has not adopted the Revised Uniform Fiduciary Access to Digital Assets Act or any similar legislation. 

When the original Uniform Fiduciary Access to Digital Assets Act (UFADAA) was created in 2014, this version allowed executors and fiduciaries to have the same access to online accounts and digital assets as the person who died. However, technology companies argued that there were not enough protections in place under this version of the act and that it was against federal privacy laws. The Revised Uniform Fiduciary Access to Digital Assets Act was created in response to these concerns by reducing access to online accounts and digital assets. Whereas the executor or fiduciary could request access to any online account under the previous act, the revised act requires that a will must include which online accounts and digital assets can and cannot be accessed.

Since there are still many complexities and nuances to these laws from state to state, especially in states where the Revised Uniform Fiduciary Access to Digital Assets Act has not yet been implemented, it is highly encouraged to work with a licensed estate attorney in your state. They will be able to help you navigate relevant state laws specific to your digital assets and provide professional guidance regarding how to create a digital estate plan. 

Sources

“What is RUFADAA – Everything You Need to Know”. Trust and Will. https://trustandwill.com/learn/what-is-rufadaa 

“RUFADAA Explained”. The Law Office of Raymond E. Brown. https://raymondbrownlaw.com/rufadaa-explained/ 

“State-by-State Digital Estate Planning Laws”. EverPlans. https://www.everplans.com/articles/state-by-state-digital-estate-planning-laws