What happens to digital assets when someone dies?

Digital assets are part of a person's estate, but how they pass depends on the type of asset and the service provider's terms. Assets with real financial value — cryptocurrency, online bank and brokerage accounts, domain names, monetized channels, and PayPal or Venmo balances — generally become estate property that the executor must inventory, value, secure, and distribute like any other asset. Access, however, is the hard part: most online accounts are governed by terms of service and federal privacy and computer-access laws, so an executor usually can't just log in with the deceased's password. Instead, the executor typically relies on the provider's legacy or deceased-user process, the authority granted under a court appointment (letters testamentary), and a state law based on the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which most states have adopted. Some assets, like most social media profiles, have no transferable value but still need to be memorialized or closed. Cryptocurrency is uniquely risky: if the private keys or seed phrase are lost, the crypto is generally gone forever, so locating those credentials is critical.

Can an executor access the deceased's online accounts?

Sometimes, but not automatically, and usually not just by using the deceased's passwords. Federal laws — including the Stored Communications Act and the Computer Fraud and Abuse Act — restrict access to another person's electronic communications and accounts, and logging in as the deceased can technically violate a provider's terms of service even when done in good faith. The proper path is the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted by nearly every state, which sets a priority order for access: first, any online tool the person used to designate access (like Google's Inactive Account Manager or Facebook's legacy contact); second, directions in the person's will, trust, or power of attorney; and third, the provider's terms of service. An executor with letters testamentary can request access or the contents of an account through the provider's deceased-user process, though providers often disclose a 'catalogue' of communications rather than full content unless the user consented. For financial accounts and crypto held directly, the executor's court authority plus the credentials generally allows control.

What happens to cryptocurrency when the owner dies?

Cryptocurrency is part of the estate and passes to heirs, but only if the executor can actually access it — and that is where crypto is uniquely dangerous. Crypto held in a self-custody wallet is controlled entirely by the private keys or seed phrase; there is no company to call, no password reset, and no customer service. If those keys are lost, the cryptocurrency is generally unrecoverable and effectively vanishes from the estate, no matter how much it is worth. Crypto held on an exchange (like Coinbase or Kraken) is more accessible: the exchange has a deceased-user process, and an executor with a death certificate and letters testamentary can typically claim the assets, though the exchange controls the timeline. For estate purposes, crypto is valued at its fair market value on the date of death and gets a stepped-up basis like other inherited property. The single most important step for heirs is to locate any record of wallets, exchange accounts, seed phrases, or hardware wallets as early as possible — and to secure them immediately.

Are digital assets subject to probate?

Digital assets with value are generally subject to probate unless they pass by another mechanism. Like other property, a digital asset avoids probate if it has a valid beneficiary designation, is held in a trust, is jointly owned, or is covered by an online tool that directs it to a specific person. Otherwise, valuable digital assets — cryptocurrency, domain names, monetized accounts, digital currency and store balances, and online financial accounts — fall into the probate estate and must be inventoried and distributed by the executor under court supervision. Assets without transferable value, such as most email and social media accounts, aren't 'distributed' in the traditional sense but still must be handled: memorialized, closed, or archived, and reviewed for anything of value or importance stored within them (photos, business records, financial statements, or recurring subscriptions to cancel). Because rules differ by asset and provider, the executor should inventory everything digital early, even accounts that seem worthless, since they can contain valuable content or ongoing charges.

How do you find a deceased person's digital assets?

Finding digital assets takes detective work because, unlike paper statements, they often leave no physical trail. Start with the obvious: check the person's computer, phone, and tablet for saved logins, apps, and files (a browser's saved passwords and a phone's authenticator apps are especially valuable). Look for a password manager (LastPass, 1Password, Bitpassword-style vaults) which may hold everything in one place. Review email for account confirmations, statements, and receipts from financial services, crypto exchanges, and subscriptions. Check bank and credit card statements for recurring charges that reveal subscriptions and services. Look for hardware crypto wallets (small USB-like devices) and any written seed phrases, which are often hidden in a safe, a drawer, or with important documents. Check any estate-planning documents for a digital asset inventory or instructions. Search the person's email address on major providers and, where available, use providers' legacy tools. Move promptly — some accounts auto-delete after inactivity, and locking down access early prevents fraud and loss.

What is RUFADAA and why does it matter?

RUFADAA — the Revised Uniform Fiduciary Access to Digital Assets Act — is a model law adopted by nearly every U.S. state that governs how executors, trustees, and other fiduciaries can access a deceased or incapacitated person's digital assets. It matters because before RUFADAA, families were routinely locked out of a loved one's accounts by privacy laws and terms of service with no clear legal path in. RUFADAA creates a three-tier priority system: (1) if the person used an online tool provided by the platform to designate who can access the account after death (such as Google's Inactive Account Manager or Facebook's legacy contact), that choice controls; (2) if there's no online tool, the person's will, trust, or power of attorney can grant or restrict access; (3) if neither exists, the provider's terms of service govern, which often limits access. The practical lessons are that using the platforms' built-in legacy tools during life is the most powerful way to ensure access, and that an executor asserting access should reference their state's RUFADAA statute and provide the court documents the provider requires.

Should digital assets be included in a will?

Digital assets should be addressed in estate planning, but not by listing passwords directly in a will. A will becomes a public document when filed for probate, so putting passwords, account numbers, or a crypto seed phrase in it would expose them to anyone. Instead, best practice is to: create a separate, secure inventory of digital assets and how to access them (kept in a password manager, a sealed document with the estate plan, or a secure digital vault); use each platform's built-in legacy or beneficiary tool where available, since under RUFADAA that designation takes priority; and include language in the will, trust, or power of attorney that grants the fiduciary authority to access and manage digital assets, referencing RUFADAA. For valuable assets like cryptocurrency, some people leave clear (but secured) instructions for locating the wallet and keys, since without them the asset is unrecoverable. An estate planning attorney can set this up so the executor gains access without the sensitive details ever becoming public.

Digital Assets in Probate: Crypto, Accounts & Passwords

Why Digital Assets Break the Normal Probate Playbook

Traditional assets leave a paper trail and have a company you can call. Digital assets often have neither — and getting in can be illegal if you do it wrong.

When someone dies, an executor knows how to handle a house, a car, or a bank account — there are deeds, titles, and branch managers. Digital assets are different in three ways that break the usual playbook. First, they're often invisible: no paper statement arrives, so the executor may not even know a crypto wallet, a monetized YouTube channel, or a PayPal balance exists. Second, they're locked behind passwords, two-factor authentication, and privacy laws — and simply logging in with the deceased's password can technically violate federal law and the provider's terms. Third, some digital assets are uniquely fragile: lose the private keys to a crypto wallet and the asset is gone forever, with no bank, no reset, and no recourse.

This combination means digital assets require a different approach: find them early (before accounts auto-delete or fraud occurs), secure them immediately, and access them through the proper legal channel rather than by guessing passwords. That channel is a state law called RUFADAA, the platforms' own legacy tools, and the executor's court authority — all covered below.

The stakes are real and growing. A modern estate can hold tens of thousands of dollars in crypto, valuable domain names or online businesses, irreplaceable family photos, and ongoing subscriptions quietly draining the bank account. None of it is handled by ignoring it.

The Types of Digital Assets — and How Each Is Handled

Tap each category to see whether it has value, whether it goes through probate, and what the executor should do.

💾 Digital Asset Explorer

How different digital assets are treated in an estate.

The Cryptocurrency Problem: Lost Keys = Lost Money

Crypto is the highest-stakes digital asset in any estate, because unlike every other asset, it can simply vanish.

⚠️ The single most important thing to understand about inherited crypto

If the private keys or seed phrase are lost, the crypto is gone — permanently.

Cryptocurrency held in a self-custody wallet (a software or hardware wallet the person controlled directly) is protected by a private key or a 12–24 word "seed phrase." Whoever has that phrase controls the crypto. There is no company to call, no password reset, no customer service, and no recovery process. If the executor can't find the keys, the crypto is unrecoverable — no matter that it might be worth $5,000 or $500,000. Untold billions in crypto are already permanently locked this way.

Crypto held on an exchange (Coinbase, Kraken, Gemini, etc.) is far more recoverable — the exchange has a deceased-user process, and an executor with a death certificate and letters testamentary can usually claim it, though on the exchange's timeline. The difference between self-custody and exchange-held crypto is the difference between "possibly lost forever" and "a paperwork process."

What to do: the instant you suspect the deceased held crypto, hunt for hardware wallets (small USB-like devices), written seed phrases (often in a safe, a drawer, or with important papers), exchange account confirmations in email, and crypto apps on their phone. Secure anything you find immediately and don't move funds until you understand the tax and legal picture. Crypto is valued at date-of-death fair market value and gets a stepped-up basis like other inherited property; the IRS treats it as property and expects it reported as a digital asset.

How Executors Get Legal Access: RUFADAA

Nearly every state has adopted RUFADAA, which sets a clear priority order for who can access a deceased person's digital accounts.

The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) exists because privacy laws and terms of service used to lock families out entirely. It gives executors and other fiduciaries a legal path in — but that path follows a strict three-tier priority. (The Uniform Law Commission's act summary details the enactment status by state.)

Highest priority

The platform's online legacy tool

If the person used a provider's built-in tool to designate access after death — Google's Inactive Account Manager, Facebook/Meta's legacy contact, Apple's Legacy Contact — that choice controls, overriding everything else. This is why using these tools during life is the single most powerful step.

Second priority

The will, trust, or power of attorney

If there's no online tool, the person's estate documents can grant or restrict the fiduciary's access to digital assets. Well-drafted documents should include explicit RUFADAA authority language so the executor can act.

Default (weakest)

The provider's terms of service

If neither of the above exists, the platform's terms of service govern — and these often sharply limit access, sometimes to only a "catalogue" of communications (who was contacted and when) rather than actual content. This is the worst position to be in.

The practical takeaway: an executor asserting access should identify their state's RUFADAA statute, present letters testamentary and a death certificate, and use each provider's deceased-user or legacy process. And the lesson for anyone still living: use the platforms' legacy tools now — a Google Inactive Account Manager setting beats any will language, because it sits at the top of the priority order.

Why You Can't Just Log In With Their Password

It feels harmless, but accessing a deceased person's accounts with their credentials can run afoul of federal law and provider terms.

Stored Communications Act (SCA)

Restricts providers from disclosing the content of electronic communications, and restricts access to stored messages. It's a major reason providers require formal process rather than accepting a password.

Computer Fraud and Abuse Act (CFAA)

Prohibits accessing a computer or account "without authorization." Logging in as the deceased — even in good faith — can technically fall outside authorization, creating legal risk.

Provider terms of service

Most platforms' terms prohibit sharing credentials and account access, and treat accounts as non-transferable. Using the deceased's login can violate the contract even where it feels reasonable.

State RUFADAA statutes

The proper, protected route. Acting under your state's RUFADAA law with court authority gives the executor legitimate standing that a password login does not.

The safe path: for financial accounts and self-custody crypto where you hold the credentials, the executor's court authority generally lets you take control. But for communications-based accounts (email, social, cloud storage), route the request through the provider's deceased-user process under RUFADAA rather than logging in — it protects you and produces a cleaner chain of authority. When in doubt, get an estate attorney involved.

How to Find a Deceased Person's Digital Assets

Digital assets leave no mailbox trail. Finding them is detective work — and speed matters, because some accounts auto-delete.

💻Their devices

Computer, phone, and tablet — check saved browser passwords, installed apps, authenticator apps, and files. The phone is often the master key (2FA lives there).

🔐Password managers

LastPass, 1Password, Bitwarden, or the browser's built-in vault may hold every login in one place. Finding the master password unlocks the whole estate.

📧Email

Search for confirmations, statements, and receipts from banks, crypto exchanges, brokerages, and subscriptions. Email is the hub that reveals other accounts.

💳Bank & card statements

Recurring charges reveal subscriptions and services to cancel, and payments to exchanges or platforms that reveal hidden digital assets.

🔑Hardware wallets & seed phrases

Look for small USB-like crypto devices and any handwritten 12–24 word phrases — in a safe, a drawer, a fireproof box, or with important documents.

📄Estate documents

Check the will, trust, and any digital-asset inventory for instructions or a list. Some people leave a secured letter with access directions.

Move quickly. Some providers automatically delete accounts after a period of inactivity, and inactive accounts are targets for fraud and takeover — the FTC's guidance on online security is a useful reference for protecting the estate from identity theft. Locking down and inventorying digital assets early prevents both loss and theft. Add digital assets to your estate inventory alongside the physical ones.

Step-by-Step: Handling Digital Assets as an Executor

A clear sequence that stays on the right side of the law.

Inventory everything digital

List every account, wallet, subscription, and device you can find — even ones that seem worthless, since they may hold value or content. Note where credentials might be.

Secure high-value and high-risk assets first

Crypto, financial accounts, and anything with a balance. Change nothing you don't understand, but prevent access by others and stop ongoing fraud risk.

Cancel recurring subscriptions

Streaming, cloud storage, apps, and memberships quietly drain the estate. Cancelling them early is a quick, real saving.

Check for platform legacy tools

See whether the person set up Google Inactive Account Manager, an Apple Legacy Contact, or a Facebook legacy contact — these give you the fastest, highest-priority access under RUFADAA.

Use providers' deceased-user processes

For accounts without a legacy tool, submit the death certificate and letters testamentary through each provider's official process rather than logging in directly.

Value and distribute the valuable assets

Crypto, domains, monetized channels, and balances are valued at date-of-death fair market value, reported in the estate, and distributed per the will or intestacy rules.

Preserve, memorialize, or close the rest

Save irreplaceable photos and records, memorialize or close social accounts, and archive anything of sentimental or business importance before shutting accounts down.

Get help for anything complex

Crypto, online businesses, tax questions, or provider disputes warrant an estate attorney and possibly a CPA. Their fees are estate expenses, not personal costs.

Frequently Asked Questions

Often yes, but the right way matters. The most reliable route is a legacy tool the person set up during life — for example, a Google Inactive Account Manager designation or an Apple Legacy Contact — which gives you direct, authorized access and sits at the top of RUFADAA's priority order. If no such tool was set up, the next options are directions in the will or trust, and then the provider's deceased-user process, through which you submit a death certificate and (usually) letters testamentary to request access or a copy of the account's contents. Providers may release photos and files more readily than the content of private messages, which the Stored Communications Act protects. It can be tempting to simply log in with a known password to grab irreplaceable family photos, and many people do, but that can technically violate federal law and the provider's terms. For photos and files specifically, the practical approach many families take is to use the legacy/deceased-user process, and to save and back up anything irreplaceable as soon as they have authorized access, before the account is closed. An estate attorney can help if a provider is unresponsive.

Social media accounts generally have no transferable financial value, but they still need to be handled, and each platform has its own process. Facebook and Instagram allow accounts to be "memorialized" (frozen as a remembrance) or deleted, and Facebook lets users name a legacy contact in advance who can manage the memorialized profile. Most platforms let a verified family member or executor request memorialization or removal by submitting proof of death and, sometimes, proof of authority. What you usually cannot do is take over the account and keep posting as the person, or freely download all its content, unless the person granted that access through a legacy tool. Before closing or memorializing an account, review it for anything of value or importance — a monetized account or one with a valuable username may actually be a business asset, and the account may contain photos, messages, or business contacts worth preserving. Decide with the family whether to memorialize (keep it as a tribute) or delete, and use the platform's official process rather than just letting the account sit, since dormant accounts can be targeted by scammers impersonating the deceased.

Inheriting cryptocurrency is generally not a taxable event by itself, and inherited crypto receives a stepped-up basis, which is a significant tax advantage. Like other inherited property, crypto is valued at its fair market value on the date of the owner's death, and that value becomes the heir's new cost basis. This means if the heir later sells the crypto, they only owe capital gains tax on the appreciation after the date of death, not on the gains the original owner accumulated over the years — potentially saving substantial tax. For example, if the deceased bought Bitcoin at $2,000 and it was worth $60,000 on the date of death, the heir's basis is $60,000, so selling at $62,000 produces only $2,000 of taxable gain rather than $60,000. The estate may also need to report the crypto's value for estate tax purposes if the estate is large enough. Crypto is treated as property by the IRS, so accurate date-of-death valuation matters, and keeping records of that value is important. Because crypto taxation is technical and evolving, and because valuation can be tricky for less-liquid tokens, an heir with significant crypto should consult a CPA familiar with digital assets. See our guide to stepped-up basis.

Plan for digital assets now, because the difference between good and bad planning can be the difference between your heirs accessing an asset and losing it forever. Take these steps: First, create a secure, updated inventory of your digital assets and how to access them — accounts, cryptocurrency wallets and where the keys are, domain names, online businesses — and keep it in a password manager or a secure location referenced in your estate plan, never in the will itself (which becomes public). Second, use each major platform's built-in legacy tool: set a Google Inactive Account Manager, an Apple Legacy Contact, and a Facebook legacy contact, since under RUFADAA these designations take top priority. Third, have your estate planning attorney include explicit language in your will, trust, and power of attorney granting your fiduciary authority to access and manage digital assets under RUFADAA. Fourth, for cryptocurrency specifically, leave clear but secured instructions for locating your wallets and seed phrases, because without them the crypto is unrecoverable — many people store this with a trusted person or in a secure vault separate from the crypto itself. Finally, review and update the inventory regularly, since digital assets and passwords change constantly. This modest effort prevents the far more common outcome of heirs never even knowing an asset existed.

⚖️

Digital assets get complicated fast

Crypto, online businesses, unresponsive providers, and RUFADAA access requests often need an estate attorney's help — and their fees are generally paid by the estate, not by you. Get the access and authority sorted correctly the first time.

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