The Best Way to Create a Digital Estate Plan

In today's world, your assets are no longer limited to physical property and financial accounts. With social media, photos, eBooks, and everything in between stored on digital devices, your digital estate must be considered when planning your legacy. According to a recent article from The New York Times, "How to Prepare for Your Digital Afterlife," it's important to protect your identity and digital property with a digital asset estate plan.

Here’s how to begin creating your digital estate plan:

1. Create a Digital Directive

Under the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), you can grant someone authority to manage your digital life. Many states have adopted this law, so it’s essential to consult with your estate planning attorney to understand the rules in your state. Your digital directive should include a list of your digital accounts and specific instructions on how to manage them if you are incapacitated or pass away. This directive should be part of your overall estate plan.

2. Secure Account Logins, Usernames, and Passwords

It’s vital to store your login credentials for financial institutions, e-commerce platforms like Amazon and eBay, insurance policies, online storage, social media accounts, medical portals, and media subscriptions in a secure place. Password managers are an excellent way to store this information, and many platforms like Apple and Google offer apps to help you manage your digital passwords securely. If you prefer a more traditional method, use a notebook stored in a home safe or other secure location.

Remember to include the necessary passwords to access your password manager and codes to unlock your cell phone, tablet, laptop, or desktop computer. If your accounts require two-factor authentication, your executor will need this information to access those accounts.

3. Designate a Legacy Contact

In addition to appointing an executor for your estate, designate a "digital executor" who will handle your digital affairs after you pass away. Many platforms like Apple, Google, and Facebook allow you to name a legacy contact who will have access to your accounts once you’re gone. Discuss your wishes with this individual to ensure they are willing to take on this responsibility.

4. Prepare for Digital Asset Management if No Plans Are Made

If you are dealing with the digital assets of someone who didn’t prepare for this, expect the process to take longer. The first step is to deactivate social media profiles and online accounts to prevent identity theft. You will need to contact each platform, provide a death certificate, and submit necessary legal documents, such as Letters Testamentary, which give an executor authority to act on behalf of the estate.

5. Be Aware of the Digital Trail

Unlike traditional physical records, digital assets—including cryptocurrencies—don’t leave a paper trail. There are no filing cabinets full of statements or shoeboxes filled with receipts to help reconstruct your digital life. That's why it’s crucial to prepare your digital estate plan ahead of time to avoid confusion and delays when your executor and heirs must settle your estate.

Creating a digital estate plan ensures your digital legacy is handled with care and security after your passing. At The Werner Law Firm, our experienced estate planning attorneys can help you set up a digital directive, designate a trusted legacy contact, and protect your digital assets from theft or loss. We will guide you through every step to ensure that your wishes are respected and your family is supported.

If you have any questions, schedule a free appointment with us through our online appointment page.

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Reference: The New York Times (Feb. 12, 2025) “How to Prepare for Your Digital Afterlife”