A: Your online accounts do not automatically pass to your spouse, children, or executor when you die. Email, photos, cloud storage, social media, financial apps, subscriptions, and other digital assets may be subject to provider rules, privacy laws, and access restrictions. A properly prepared estate plan can give the people you choose appropriate authority to manage certain digital assets, while a secure inventory of accounts can help your family locate important information.

What Are Digital Assets?

“Digital assets” can include much more than social media accounts. Your digital life may include:

  • Email accounts
  • Photos and videos stored online
  • Cloud storage
  • Social media accounts
  • Online banking and investment accounts
  • Payment apps
  • Subscription services
  • Rewards and loyalty accounts
  • Websites, domains, and online businesses
  • Cryptocurrency and other digital property

Some of these accounts may have financial value. Others may contain important records, family photographs, recipes, digital content created, or information your executor needs to administer your estate.

Infographic, Part 1 of 3, on a cream background with maroon and dark navy text. The title reads, “What Happens to Your Online Accounts After You Die?” with “Online Accounts” highlighted in maroon. Below, a short introduction explains that email, photos, cloud storage, social media, online banking, payment apps, and subscriptions are part of digital life, but access does not automatically pass to family or an executor. Section 1, “What are digital assets?” lists examples including email accounts, photos and videos, cloud storage, social media, online banking and investment accounts, payment apps, subscriptions and reward accounts, websites, domains and online businesses, and cryptocurrency. To the right is a simple line illustration of a smartphone with digital icons around it. Section 2, “Why access can become a problem,” lists issues such as privacy rules and terms of service, passwords not being enough, executors needing proof of authority, families struggling to find records and account details, and accounts needing to be preserved, transferred, or deleted. To the right is a laptop illustration with a lock and a red “no access” symbol. Footer reads “Part 1 of 3” and “The Ashmore Law Firm, P.C.”

Why Can Access Become a Problem After Death?

Knowing a password is not necessarily the same as having legal authority to use an account.

Online providers have their own terms of service, privacy rules, and procedures for handling the account of someone who has died. Depending on the provider and the type of account, your family or executor may need documentation establishing both your death and their authority to act on behalf of your estate.

Without advance planning, an executor may have difficulty:

  • Locating accounts
  • Accessing important records
  • Recovering photographs or other personal files
  • Managing subscriptions
  • Identifying online financial accounts
  • Closing or memorializing social media profiles
  • Determining what should be preserved, transferred, or deleted

A list of passwords alone may not solve the problem.

Texas Estate Plans Can Address Digital Assets

Texas law provides a framework for fiduciaries, including certain executors, trustees, guardians, and agents acting under powers of attorney, to access digital assets when the proper authority exists.

Your estate-planning documents should clearly address digital assets and electronic communications so the people you choose have the authority they may need.

For example, your plan may address who can manage digital assets after your death and who can act for you if you become incapacitated.

Clear language matters.

Infographic, Part 2 of 3, on a cream background with maroon and dark navy text. The large title reads, “How Texas Estate Planning Can Help,” with “Planning” in maroon. Section 3, “How Texas estate planning can help,” explains that Texas law can provide a framework for fiduciary access when proper authority exists, that an estate plan can state who may act after death, that an agent can be given authority during incapacity, and that clear digital-asset language matters. On the right is a line illustration of documents with a shield, lock, and check mark. Section 4, “Use provider tools, too,” lists legacy contacts, inactive-account settings, memorialization or deletion options, and provider-specific instructions that can complement an estate plan. On the right is a gear icon with a person in the center and surrounding digital icons such as email, cloud storage, photos, and documents. At the bottom, a highlighted callout box says, “A strong estate plan works together with your account settings and provider tools.” Footer reads “Part 2 of 3” and “The Ashmore Law Firm, P.C.”

Use the Tools Offered by Your Account Providers

Some technology companies also allow you to make choices directly within your account.

Depending on the provider, you may be able to:

  • Designate a legacy contact
  • Identify someone who can receive certain information
  • Provide instructions for an inactive account
  • Request deletion after death
  • Decide whether an account should be memorialized

These settings can complement your estate plan, but they should not replace it.

Create a Digital Asset Inventory

One of the simplest things you can do is create an inventory of your important online accounts.

Consider listing:

  • The name of the account or provider
  • Your username
  • What the account contains
  • Whether it has financial value
  • Where login information is securely stored
  • Any beneficiary, legacy contact, or inactive-account instructions

Do not place sensitive passwords in a document that may later become public. Instead, tell your executor or other trusted person how to locate the secure information when it is needed.

Review the list periodically as accounts change.

Infographic, Part 3 of 3, on a cream background with maroon and dark navy text. The title reads, “Create a Digital Asset Inventory,” with “Asset Inventory” in maroon. Section 5, “Create a digital asset inventory,” lists key items to track: account or provider name, username, what the account contains, whether it has financial value, where login information is securely stored, and any legacy-contact or inactive-account instructions. On the right is a clipboard checklist illustration with a maroon list icon. Below is a highlighted caution box with a shield and lock icon that advises: do not place sensitive passwords in a document that may become public; store them securely and make sure a trusted person knows how to locate them. The bottom section reads, “Your estate plan should include your digital life,” with a short note that planning ahead can make things easier for trusted people and can save loved ones time, money, and stress. A maroon call-to-action button says, “Schedule a confidential conversation,” followed by the phone number 214-559-7202 and the website AshmoreLaw.com. Footer reads “Part 3 of 3” and “The Ashmore Law Firm, P.C.”

 

Your Estate Plan Should Include Your Digital Life

Estate planning is no longer limited to houses, bank accounts, investments, and personal property.

Your digital life may contain financial assets, important records, photographs, communications, and information your family will need.

Planning ahead can make it easier for the people you trust to find what matters, follow your wishes, and administer your estate.

This information is provided for educational purposes and is not legal advice.

Frequently Asked Questions About Digital Assets and Estate Planning

What are considered digital assets in an estate plan?

Digital assets can include email accounts, photos and videos stored online, cloud storage, social media accounts, online banking and investment accounts, payment apps, subscriptions, reward accounts, websites, domains, cryptocurrency, and other digital property.

Can my executor access my online accounts after I die?

Not automatically. Access may depend on the type of account, the provider’s terms of service, privacy laws, and the authority granted in your estate-planning documents. Clear digital-asset language in your estate plan can help establish who is authorized to act.

Should I give my executor a list of my passwords?

You should keep a secure inventory of your important accounts, but avoid placing sensitive passwords in a document that could later become public. Instead, store login information securely and make sure your executor or another trusted person knows how to locate it when needed.

Do social media and online providers have their own rules after someone dies?

Yes. Many providers have their own procedures for deceased users, including legacy contacts, inactive-account settings, memorialization options, account deletion, or requests from authorized representatives. These tools can support your estate plan, but they should not replace it.

Why should digital assets be included in my estate plan?

Digital accounts may contain financial information, important records, family photos, communications, and other valuable or sentimental property. Planning for them can make it easier for your family or executor to locate accounts, follow your wishes, and manage your estate.

Lori Ashmore Peters
Lori Ashmore Peters
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Managing Attorney | Best Lawyers® Trusts & Estates | Serving Dallas, HP & DFW since 1996
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