Quick answer: Digital assets — cryptocurrency, online bank accounts, social media, email, domains, digital businesses — are now a significant part of most Americans' wealth and identity, yet most estate plans say nothing about them. Without explicit instructions, your crypto can be lost forever, your accounts locked, and your digital life erased. This guide explains every category of digital asset, how to plan for each, and what to include in your estate plan today.
Estimates suggest Americans hold over $2 trillion in cryptocurrency alone. Add in online brokerage accounts, PayPal/Venmo balances, monetized YouTube channels, e-commerce businesses, domain names, digital art (NFTs), and cloud-stored files — and the total value of unplanned digital estates is staggering.
What Counts as a Digital Asset?
For estate planning purposes, a digital asset is any electronic record in which a person has a right or interest. This includes:
Financial Digital Assets (High Priority)
- Cryptocurrency — Bitcoin, Ethereum, and thousands of altcoins held in wallets or on exchanges
- NFTs (Non-Fungible Tokens) — Digital art, collectibles, gaming assets
- Online brokerage accounts — Robinhood, Fidelity, Schwab digital access
- PayPal, Venmo, Cash App — Often hold significant balances
- Digital gift cards and store credit
- Reward points and airline miles — Some programs allow transfer at death, others don't
Business and Income-Generating Digital Assets
- Online businesses — E-commerce stores (Shopify, Etsy, Amazon FBA)
- Domain names and websites — May have significant value as established brands or traffic sources
- Monetized social media accounts — YouTube channels, Instagram, TikTok with brand deals
- Digital intellectual property — Courses, ebooks, software, music
- Subscription revenue businesses — Newsletters, Patreon, OnlyFans
Personal Accounts and Identity
- Email accounts — Gmail, Outlook (also used for account recovery)
- Social media profiles — Facebook, Instagram, Twitter/X, LinkedIn, TikTok
- Cloud storage — Google Drive, iCloud, Dropbox (photos, documents, creative work)
- Password managers — The master key to everything else
- Digital photos and videos — Often irreplaceable sentimental value
The Core Problem: Most Digital Assets Are Inaccessible After Death
Three forces combine to make digital asset inheritance surprisingly difficult:
1. Terms of Service Restrictions
Most platforms explicitly prohibit transferring accounts in their Terms of Service. Legally, you don't "own" your Facebook account — you have a license to use it. When you die, many platforms will simply close the account and deny family members access.
2. Encryption and Private Keys
Cryptocurrency held in self-custody (a hardware wallet or software wallet) is protected by a private key or seed phrase. Without it, the crypto is mathematically inaccessible — forever. No institution, no court, and no technology can recover it. This is a feature of the technology, not a bug, and it requires explicit planning.
3. The Law Is Catching Up — But Slowly
The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) has been adopted by most states. It gives executors and trustees legal authority to access digital assets, but platforms can still enforce their own rules. In practice, even a legally appointed executor may be denied access by a platform that prioritizes its Terms of Service.
Cryptocurrency: Special Rules Apply
Cryptocurrency is unique among digital assets because of how it works technically. You need to understand the difference between:
Custodial Crypto (Exchanges)
Crypto held on an exchange like Coinbase, Kraken, or Binance is similar to a bank account — the exchange holds the actual cryptocurrency on your behalf. After your death:
- Heirs can usually contact the exchange, provide a death certificate, court order (Letters Testamentary), and government IDs
- The exchange will transfer the crypto to your estate — eventually
- The process can take weeks to months and varies by platform
- Naming your estate or specific beneficiaries in your will/trust as the designated successor is the best approach
Self-Custody Crypto (Hardware/Software Wallets)
Crypto held in your own wallet — a Ledger, Trezor, MetaMask, or any non-custodial wallet — requires your private key or seed phrase (usually 12 or 24 words). Without this:
- The crypto is permanently inaccessible — not just hard to access, but mathematically impossible to access
- No exchange, no court, and no government can help
- Even if heirs know you had the crypto, they can't get it
⚠️ Critical Rule for Crypto Estate Planning: Never write your private key or seed phrase in your will. Wills become public record in probate. Instead, store your seed phrase in a fireproof safe, safety deposit box, or use a specialized service — and create a separate, secure document that tells your executor where to find it. Reference that document in your trust.
How to Pass Crypto to Heirs Safely
- Create a digital asset inventory listing all wallets and exchanges (not the keys themselves)
- Store seed phrases and private keys in a fireproof safe or safety deposit box
- Create a "letter of instruction" explaining how to access each wallet, where keys are stored, and how to use them — store this with your estate documents
- Include a digital assets clause in your trust explicitly authorizing your trustee to access and manage cryptocurrency
- Consider a hardware wallet with multi-signature setup for very large holdings (requires multiple keys to transact)
Build a Complete Digital Estate Plan
Trust & Will includes digital asset planning as part of their comprehensive estate plan. Document your digital assets, authorize your trustee, and protect your crypto — all in one attorney-approved package.
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Social Media Accounts: What Happens After You Die
Social media accounts hold memories, relationships, and — in many cases — significant monetary value. Each major platform handles death differently:
| Platform |
Memorialization Option |
Legacy Contact |
Data Download |
| Facebook / Meta |
Yes — account memorialized |
Yes — Legacy Contact manages profile |
Yes — Legacy Contact can download photos |
| Instagram |
Yes — account memorialized |
Limited — can request memorialization only |
Limited |
| Google / Gmail |
Via Inactive Account Manager |
Yes — Trusted Contacts receive data |
Yes — full Google Takeout available |
| Apple / iCloud |
Digital Legacy feature |
Yes — Legacy Contacts named in Apple ID |
Yes — full data download |
| Twitter / X |
No — account deactivated |
No |
No (limited) |
| LinkedIn |
Profile removal only |
No |
No |
| TikTok |
Limited — removal only |
No |
No |
| YouTube |
Via Google Inactive Account Manager |
Yes — through Google |
Yes — channel data downloadable |
Action Items for Social Media Planning
- Facebook: Go to Settings → Memorialization Settings → set a Legacy Contact and decide whether to remove or memorialize your account
- Google: Go to myaccount.google.com → Data & Privacy → More options → Make a plan for your digital legacy → Set up Inactive Account Manager
- Apple: Go to Settings → [Your Name] → Legacy Contact → add trusted people who can access your account after death
- Document your choices in your estate planning documents so your executor knows where each account is and what you want done with it
Email Accounts: The Master Key
Email accounts are critical beyond their content — they're used for password resets on virtually every other account. Whoever controls your email can, in theory, access most of your other accounts through "forgot password" flows.
This makes email accounts both extremely valuable and extremely sensitive. Your estate plan should:
- Designate who should have access to your primary email after death
- Use Google's Inactive Account Manager or Apple's Legacy Contact for your primary address
- Store email passwords in your password manager — and ensure your executor knows how to access the password manager
Online Businesses and Domains
An online business — whether it's a Shopify store, an Etsy shop, an Amazon FBA business, a blog with affiliate income, or a YouTube channel — can have significant value. Treat it like any other business asset in your estate plan:
- Include it in your asset inventory with revenue figures and login credentials stored separately
- Transfer it to your trust just as you would a physical business
- Give your trustee explicit authority to operate, sell, or wind down the business
- Domain names are registered assets — transfer registration credentials to your trust or ensure your executor has access to your domain registrar account (GoDaddy, Namecheap, etc.)
How to Build Your Digital Estate Plan
Step 1: Create a Digital Asset Inventory
List every digital asset you own, organized by category. For each, include:
- Account name and type
- The platform/institution (URL)
- Username (but NOT passwords in this document)
- Approximate value (for financial assets)
- What you want done with it (transfer, close, memorialize, donate)
Store this inventory securely — encrypted on a USB drive, in a safety deposit box, or in a secure notes section with your estate planning documents. Do not list it in your will (which becomes public).
Step 2: Secure Your Passwords
Use a reputable password manager (1Password, Bitwarden, LastPass). Store the master password and recovery codes in a fireproof safe or safety deposit box. Leave instructions for your executor explaining how to access the password manager.
Step 3: Add a Digital Assets Clause to Your Trust or Will
Your estate plan needs explicit language authorizing your trustee/executor to access, manage, and distribute digital assets. This should reference RUFADAA (the Revised Uniform Fiduciary Access to Digital Assets Act) and specifically authorize:
- Access to computers, phones, and devices
- Access to email and cloud storage
- Access to financial accounts and cryptocurrency
- The ability to sell or transfer digital assets
- The ability to close accounts you want shut down
Step 4: Use Platform-Level Legacy Tools
Take advantage of built-in succession tools where they exist: Facebook Legacy Contact, Google Inactive Account Manager, Apple Legacy Contact. These provide legal authorization the platforms recognize.
Step 5: Write a Letter of Instruction
A "letter of instruction" is a non-legal document that gives your executor practical guidance: where your devices are, what the PIN/password is, where your seed phrases are stored, what your online business login is. This is separate from your will or trust and can be updated without legal formalities.
Digital Assets and Taxes
Don't overlook the tax implications of digital assets in your estate:
- Cryptocurrency receives a stepped-up basis at death (in most cases), meaning heirs inherit the fair market value at date of death, wiping out any capital gains from appreciation during your lifetime. This can be a significant tax benefit.
- Estate tax applies to crypto and digital business assets just like physical assets if your estate exceeds the exemption threshold ($13.99 million in 2026 for federal estate tax).
- Executor duty to value digital assets: Your executor must obtain the fair market value of significant digital assets as of the date of death for estate tax purposes.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal, financial, or tax advice. Digital asset laws and platform policies change frequently. Consult a licensed estate planning attorney and a tax professional for advice tailored to your specific digital assets and jurisdiction.
Frequently Asked Questions
What happens to cryptocurrency when you die without a plan?
Cryptocurrency held in self-custody (hardware wallets, software wallets) is permanently inaccessible to your heirs if they don't have your private keys or seed phrase. No bank, no government, and no court can recover it. Crypto on exchanges is slightly more recoverable — heirs can contact the exchange with a death certificate and court documents — but the process is slow and uncertain. Without a plan, your crypto may be lost forever.
Should I put cryptocurrency in my will or a trust?
A trust is generally better for cryptocurrency than a will. Wills are public record — listing crypto holdings exposes your estate to fraud. A living trust avoids probate, allowing heirs faster access. A trust also handles incapacity. The critical rule: never put private keys or seed phrases in the trust document itself. Store them securely and use the trust to authorize your trustee to access them.
How do I pass on social media accounts in my estate plan?
Each platform handles account succession differently. Facebook allows Legacy Contact designation. Google has Inactive Account Manager. Apple has Legacy Contact built into Apple ID. Twitter/X has no legacy planning feature. For valuable monetized accounts, document them specifically in your estate plan with instructions for your executor and credentials stored securely.
What is a digital estate plan and what should it include?
A digital estate plan addresses your online presence and digital assets specifically. It should include: a complete inventory of all digital assets; access instructions (stored separately from your will); disposition instructions for each account; a designated digital executor; and a digital assets clause in your trust or will granting legal access authority under RUFADAA.
Can my executor legally access my online accounts after I die?
It depends. The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted by most states, gives executors legal authority to access digital assets, but platforms can still restrict access based on their Terms of Service. The strongest legal basis comes from platform-level tools (Facebook Legacy Contact, Google Inactive Account Manager) combined with a specific digital assets clause in your will or trust.
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About the Author: Patricia Larson, Estate Planning Attorney, has 20 years of experience in elder law and trust administration. She advises clients on incorporating digital assets — including cryptocurrency and online businesses — into comprehensive estate plans.
Including Crypto in Your Trust or Will
Your trust or will should explicitly:
- Acknowledge that you hold cryptocurrency assets
- Authorize the trustee or executor to access, manage, hold, and sell digital assets — many older trust documents don't include this language, leaving fiduciaries uncertain about their authority
- Reference a separate, secure document or storage location containing access instructions (but not the credentials themselves)
- Specify which beneficiary should inherit which crypto assets
- Include instructions on whether assets should be sold or transferred in-kind
NFTs and Other Digital Collectibles
Non-fungible tokens (NFTs) present similar access challenges to cryptocurrency — they're held in crypto wallets secured by the same private keys and seed phrases. Additionally, NFTs raise unique questions:
- What does the NFT represent? Many NFTs are licenses to display an image, not full copyright ownership. Your heirs may inherit the token but have limited rights to commercialize the associated artwork. Review what rights your NFT actually conveys.
- NFT platforms and marketplaces: Accounts on OpenSea, Blur, or other NFT marketplaces may hold balances or pending sales that also need to be addressed in your estate plan.
- Value volatility: NFT values can fluctuate wildly. Your estate plan should address whether NFTs should be sold quickly or held, and who makes that determination.
For estate planning purposes, treat NFTs like cryptocurrency — secure the wallet access credentials, document them separately, and authorize your trustee explicitly to deal with digital collectibles.
Online Accounts: Social Media, Email, and Subscriptions
The RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act) has been adopted by most U.S. states and provides a legal framework for fiduciary access to digital accounts. But the law defers to platform terms of service — meaning what your executor can actually access depends significantly on what each platform allows and what you've set up in advance.
Platform Legacy Features: Set These Up Now
Setting up legacy contacts or inactive account settings on every major platform takes less than an hour and could save your family enormous frustration and potential legal fees trying to access your accounts later.
Email and Cloud Storage
Email accounts often contain irreplaceable personal and financial information. For many people, decades of correspondence, tax documents, contracts, and receipts live in email. Similarly, cloud storage (Google Drive, iCloud, Dropbox, OneDrive) may hold important documents that your executor needs to administer your estate.
Steps to take:
- Use Google's Inactive Account Manager or Apple's Digital Legacy to designate access
- Document account information in a secure location accessible to your executor
- Consider periodically downloading important email archives or cloud documents to physical storage that's backed up and accessible
Digital Business Assets: Websites, Domains, and Monetized Content
If you own a website, blog, e-commerce store, or any online business, those assets may have significant value and require specific planning:
Domain Names
Domain names are registered through registrars (GoDaddy, Namecheap, Google Domains, etc.). Domain registrar accounts must be accessible to your executor. Without account access, domain names may lapse after your death, potentially allowing others to register them. Document registrar account information and consider registrar lock settings that prevent unauthorized transfers.
Websites and Hosting Accounts
Hosting accounts (hosting login, server access, CMS login), associated revenue accounts (Google AdSense, affiliate networks), and any associated payment processing accounts (PayPal, Stripe) all need to be documented. A successor operator — whether a family member, business partner, or buyer — will need all of this to either continue or wind down the business.
Affiliate and Creator Accounts
Monetized YouTube channels, affiliate marketing accounts, and similar income-generating platforms often have pending revenue that can be claimed by your estate. Document these accounts and ensure your executor knows they exist.
Appointing a Digital Executor
A digital executor is someone designated specifically to handle your digital assets and online accounts. While this isn't a legally separate role from your regular executor in most states, designating one person (or the same person explicitly tasked with digital assets) ensures someone knows where to start, has the necessary technical knowledge, and has clear authority to act.
Your digital executor should:
- Know that they have this role (tell them; don't just write it in your will)
- Understand what digital assets you have (you need to tell them, at least generally)
- Have access to or know how to access your digital asset inventory (see below)
- Have legal authority in your will or trust document to access, manage, sell, or close digital accounts
- Understand your wishes for each type of account (preserve? memorialize? delete? sell?)
Choose someone who is technically comfortable, trustworthy, and available. A tech-savvy adult child or trusted friend often works better than an elderly spouse who may not know how to navigate cryptocurrency exchanges or request account data downloads.
The Digital Asset Inventory: What to Create and Where to Store It
The most practical thing you can do today is create a digital asset inventory — a comprehensive document listing all your digital assets and the information needed to access them. This is not your will or trust; it's a private reference document for your executor.
Your digital asset inventory should include:
- All financial accounts with usernames (not necessarily passwords — many people prefer to store passwords in a password manager and provide only the master password to their executor)
- Cryptocurrency: exchange accounts, wallet types, and a reference to where seed phrases are stored (not the seed phrases themselves)
- All domain names and registrar accounts
- All hosting and website accounts
- All monetized social media and affiliate accounts
- Email accounts and cloud storage
- Password manager master password or recovery method
- Instructions for each type of account: what you want done with it
Where to Store the Inventory Securely
- Fireproof safe at home: Physical copy, accessible to family, protected from fire and water. Tell your executor where it is.
- Bank safe deposit box: Highly secure, but requires a living family member to have joint access — otherwise it may be sealed at your death pending a court order.
- With your estate planning attorney: Some attorneys will hold a sealed envelope containing sensitive access information.
- Encrypted digital document: A password-protected file, with the decryption password stored separately (perhaps in a fireproof safe).
- Digital legacy services: Services like Everplans, Directive, or similar platforms are specifically designed to hold estate planning information securely and release it to designated people after death.
Never store passwords, seed phrases, or sensitive credentials in your will, trust document, or any document that may become public record during probate. Store them in a separate, secure document that references your estate plan — not inside it.
Legal Framework: RUFADAA and State Laws
The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) has been adopted by 47 states as of 2026. It establishes that fiduciaries (executors, trustees, agents under power of attorney) have legal authority to access digital assets — but it prioritizes any instructions the account holder left on the platform itself (like Facebook's Legacy Contact) over the fiduciary's general authority.
Practical takeaway: RUFADAA gives your executor legal standing to access digital accounts, but platform legacy features are more effective in practice. Use both: authorize your executor explicitly in your trust or will, AND set up legacy features on all major platforms.
Your trust or will should include specific language authorizing your trustee or executor to:
- Access, manage, and transfer digital assets
- Hold cryptocurrency and other digital assets as trust property
- Sell or liquidate digital assets as appropriate
- Close or memorialize online accounts
- Collect digital business income and wind down digital business operations
Many older trust documents don't include this language because digital assets didn't exist when they were drafted. If your trust is more than 5 years old, consider having an attorney review it to add digital asset provisions. See our guide on when to update your trust for more on this.
Tax Considerations for Digital Assets
Cryptocurrency and NFTs are treated as property by the IRS. This has several estate planning implications:
- Step-up in basis at death: Like other capital assets, cryptocurrency inherits a stepped-up cost basis equal to its fair market value on the date of death. Heirs who sell immediately after inheriting may owe little or no capital gains tax — even on assets with large embedded gains.
- Estate tax inclusion: Cryptocurrency is included in your gross estate for federal estate tax purposes at fair market value on the date of death. For large crypto holdings, this could push an estate over the federal exemption.
- Valuation challenges: Crypto prices fluctuate dramatically. Your executor must establish the fair market value on the date of death for each asset, which may require contemporaneous exchange records.
- NFT valuation: NFTs are harder to value due to illiquid markets. Estates with significant NFT holdings may need qualified appraisals.
Work with a CPA experienced in cryptocurrency taxation when planning for significant digital asset holdings.
Include Digital Assets in Your Estate Plan
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Frequently Asked Questions
What happens to your cryptocurrency when you die?
If you die without leaving access information for your cryptocurrency wallets — private keys, seed phrases, or exchange login credentials — your crypto is permanently inaccessible. There is no recovery mechanism, no customer service, and no court that can retrieve it. Your heirs will inherit nothing despite the assets having real value. Properly planning for crypto means leaving secure, documented access information your executor can use.
Should I put cryptocurrency in my trust?
Yes — with important caveats about how. You can name your trust as the beneficiary of a cryptocurrency exchange account, or transfer self-custodied cryptocurrency to a hardware wallet with the private keys/seed phrase secured and accessible to your trustee. Your trust document should explicitly authorize the trustee to hold and manage cryptocurrency. Never store private keys or seed phrases in your trust document itself.
Can family members access your social media after you die?
It depends on the platform. Most major platforms (Facebook/Meta, Google, Apple) now have legacy contact or digital legacy features that allow you to designate someone to manage your account after death. Without these designations, family members typically cannot legally access accounts — doing so may violate computer fraud laws. Set up legacy contacts on every major platform, and document account information in a secure location accessible to your executor.
Are airline miles and hotel points part of my estate?
This varies by loyalty program. Many airline and hotel programs explicitly state in their terms of service that points are non-transferable and expire at death — they are a license, not property. However, some programs do allow transfer to a spouse or family member. Check the terms of each loyalty program you participate in, and contact the program directly after a loved one's death to inquire — some programs make exceptions even when the terms say otherwise.
What is a digital executor and do I need one?
A digital executor is someone designated in your estate plan to specifically handle digital assets and online accounts. It's not a legally separate role from your regular executor, but it can be a separate person if your regular executor isn't tech-savvy. You should explicitly authorize your executor (digital or otherwise) in your will or trust to access and manage digital assets, particularly in states that have adopted RUFADAA.
Do NFTs get a step-up in basis at death?
Yes. Like other capital property, NFTs receive a stepped-up cost basis equal to their fair market value on the date of death. This means heirs who sell an inherited NFT immediately after inheriting it may owe little or no capital gains tax, regardless of what you originally paid for it. The challenge is establishing the fair market value of illiquid NFTs, which may require a qualified appraisal for significant holdings.
Legal Disclaimer: This content is for educational purposes only. Laws governing digital assets and estate planning vary by state and continue to evolve rapidly. Consult a licensed attorney experienced in digital assets and estate planning for advice specific to your situation.