Your estate may include property you can see and touch, such as a home, vehicle, jewelry, or family
keepsakes. It can also include a growing collection of accounts, information, and assets that exist only
in digital form.

Email, social media, online photos, cryptocurrency, websites, and other digital property can raise
questions after death or incapacity. Family members may know these accounts exist but have no idea
how to find them or what you wanted done with them.

Including digital assets in your estate plan can provide clearer direction and make it easier for the
appropriate person to handle them.

What Counts as a Digital Asset?

Digital assets can take many forms. Some have financial value, while others may be important for
personal or sentimental reasons.

Examples can include:

• Email and social media accounts
• Digital photo and video libraries
• Cloud storage accounts
• Cryptocurrency and other digital investments
• Domain names and websites
• Online businesses or monetized content
• Files and documents stored electronically
• Rewards or loyalty accounts with transferable value

Years of family photographs stored in the cloud, for example, could matter greatly to the people you
leave behind.

The first step is simply knowing what you have.

Texas Law Addresses Access to Digital Assets

Accessing someone’s digital accounts after death is not always as simple as knowing the password.

Texas law addresses when a fiduciary, such as an executor, trustee, or agent under a power of
attorney, may access certain digital assets and electronic communications. The law also recognizes
that online providers may offer tools that allow users to make choices about what happens to their
accounts.

For example, some platforms allow you to name someone who can manage certain aspects of your
account after your death. The choices you make through an online tool can be important when
determining what happens later.

An estate planning attorney can help you determine whether your documents provide the appropriate
authority to manage digital assets and make sure your wishes are clearly documented.

Create an Inventory of Your Digital Life

Your family can’t address an account they don’t know exists.

A digital asset inventory can identify important accounts and help the person handling your affairs
understand what needs attention.

The inventory can also include what you would like done with each account. You may want family
photographs preserved, a social media profile memorialized or deleted, or a website transferred to
someone else.

Make Sure Digital Assets Can Be Located

Having legal authority to manage your digits assets is only part of the issue. The person handling your
affairs may also need to know where a digital asset is located and what information is needed to
manage it.

This can be particularly important with cryptocurrency and other digital assets that rely on private
credentials. Without the necessary information, an asset may be extremely difficult or even impossible to recover.

At the same time, passwords, private keys, and recovery phrases need to remain secure. A will may
become part of the public probate record, so it is not the place to include sensitive login information.

Consider keeping access information in a secure location instead. Make sure the appropriate person
knows how to find it if it is ever needed.

Use the Tools Your Online Accounts Provide

Some online services have their own tools for planning what happens to an account.

For example, Google offers an Inactive Account Manager that allows users to decide what should
happen to certain account information after a period of inactivity. Other platforms may provide legacy
contacts, memorialization choices, or similar settings.

These tools can be useful, but they should not be the only part of your digital estate plan. Accounts
change, platforms update their policies, and you may open or close accounts over time.
Reviewing your digital accounts periodically can help keep your instructions current.

Keep Passwords Out of Your Will

Your will is not the place to create a master list of passwords.

A will may become part of the public probate record. Passwords, cryptocurrency recovery information, and other sensitive credentials should not be written directly into it.

Instead, consider keeping sensitive access information in a secure location. Make sure the appropriate
person knows how to find that information when it is needed.

Coordinate Digital Assets With the Rest of Your Estate Plan

Digital estate planning should not happen separately from the rest of your plan.

Your will, trust, and power of attorney can address authority over certain digital assets. Your plan can
also identify who should handle those assets if you become incapacitated or after you die.

This is particularly important if digital property has financial value or plays a role in a business. A
website, online store, cryptocurrency account, or monetized content may need attention quickly.

Frequently Asked Questions

How often should I update my digital asset inventory?

Review it periodically and whenever your digital life changes significantly. For example, you may open
or close financial accounts, purchase cryptocurrency, start an online business, or change where you
store important photos and documents. Keeping the inventory current makes it more useful to the
person who may eventually need it.

Can I decide what happens to my social media accounts after I die?

In some cases, yes. Some platforms allow users to choose what should happen to an account or
name someone to handle certain aspects of it after death. The options vary by platform, so it is
important to review the settings available for the accounts you use.

Don’t Leave Your Digital Life Out of Your Estate Plan

Our experienced team at Leigh Hilton PLLC can help you address digital assets as part of your estate
plan. We serve individuals and families in Denton, Bartonville, Aubrey, and throughout Denton County.

To discuss your estate planning needs, call our office at 940-387-8800 or reach out through our
website to schedule a consultation.