When most people think about estate planning, they focus on wills, trusts, and real estate. But in today’s digital world, your estate also includes something less tangible—and often overlooked: your digital assets. If you live in California and haven’t included digital assets and passwords in your estate plan, you might be leaving your loved ones with a confusing and stressful mess.
Here’s what you need to know about planning for your online life.
What Are Digital Assets?
Digital assets include anything that exists online or is stored electronically. This can range from sentimental items to financial tools and even cryptocurrency. Examples include:
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Email accounts (Gmail, Outlook, etc.)
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Social media profiles (Facebook, Instagram, LinkedIn)
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Online banking or investment accounts
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PayPal, Venmo, or digital wallets
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Cryptocurrency like Bitcoin or Ethereum
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Photos and documents stored in the cloud
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Domain names, blogs, and monetized websites
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Subscription accounts (Netflix, Spotify, etc.)
Some of these may have financial value. Others have emotional or practical value. But if your family doesn’t have access to them—or even know they exist—they could be lost forever.
Why Planning for Digital Assets Matters
Without a plan, your loved ones may:
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Be locked out of your accounts indefinitely
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Lose access to photos, videos, or personal files stored online
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Miss bills or financial assets tied to online-only services
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Struggle with legal barriers—many companies will not allow access without proper legal authority
In California, the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) governs how a personal representative (executor or trustee) can access digital assets.
This issue has attracted growing attention nationwide. A recent LA Times roundtable emphasized the importance of updating estate plans to account for everything from social media to cryptocurrency and cloud-based intellectual property.
How to Include Digital Assets in Your Estate Plan
Here are steps you can take to ensure your digital presence is accounted for:
1. Make a Digital Inventory
Start by creating a list of your digital accounts and assets. This doesn’t need to include passwords yet—just the platforms and general purpose (e.g., “Chase Bank online account,” “iCloud photo storage,” “Coinbase wallet”).
Store this inventory in a safe location or encrypted file and update it periodically.
2. Grant Authority in Your Legal Documents
Update your estate plan to explicitly give your executor or trustee permission to access your digital assets. This may include:
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Your revocable living trust
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Your will
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Your durable power of attorney
Make sure these documents reference California’s RUFADAA and clearly state your wishes regarding digital access.
3. Use Password Managers (and Share Access Carefully)
If you use a password manager like LastPass, 1Password, or Bitwarden, consider setting up emergency access for a trusted person. This can make it easier for them to retrieve information when the time comes.
Avoid writing down passwords in plain text. Instead, coordinate with your attorney on safe ways to share or store login credentials.
A student-run digital estate planning clinic at the University of Colorado has encouraged people of all ages to think ahead about how families will access—or be blocked from—photos, finances, and even gaming accounts if no plan is in place.
4. Decide What You Want Shared—or Deleted
You may not want all your accounts accessed. Some people prefer their social media profiles be memorialized or deleted. Others may want their blogs or YouTube channels passed on to someone specific.
Clearly state your wishes in writing and include them in a letter of instruction or digital legacy plan.
What About Cryptocurrency?
Digital currency poses a unique challenge. If your loved ones don’t have access to your wallet, seed phrase, or key, the funds are effectively lost forever—regardless of your will or trust. Binance co-founder CZ has even advocated for “crypto wills” as the next frontier in estate planning, highlighting the difficulty of transferring crypto wealth without proper documentation.
For California residents with crypto holdings, it’s essential to:
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Include crypto wallets in your digital inventory
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Provide detailed access instructions (privately, not in the will itself)
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Work with an attorney familiar with digital asset transfers
What Happens If You Don’t Plan?
Without instructions or legal authority, your executor may have to petition tech companies for access. For families, this can mean lost memories, unpaid bills, and prolonged emotional distress.
Find an Experienced Estate Planning Attorney
If you’re updating or creating an estate plan, don’t overlook your digital footprint. Including digital assets and passwords in your California estate plan ensures that your loved ones won’t be left guessing—or locked out—when it matters most.
At the Law Offices of David Knecht, we take a modern approach to estate planning that considers your full digital and financial life. Contact us today at (707) 451-4502 to schedule a consultation and make sure every part of your legacy is protected.