Estate planning isn’t just about physical assets anymore. In today’s world, your digital footprint—everything from email accounts to cryptocurrency—needs careful planning too. The average person has over 100 online accounts, many tied to sensitive personal and financial information. Without clear instructions, families are often left scrambling to gain access, facing months of frustration or even permanent loss of valuable assets
Death, like life, is complicated—especially when it comes to your online presence.
What Is a Digital Footprint?
Your digital footprint includes:
- Financial accounts: Online banking, investment platforms, digital wallets, cryptocurrency keys
- Personal accounts: Email, social media, cloud storage, streaming services, e-commerce sites
- Other assets: Travel rewards, sports betting, phone/computer logins, subscription accounts
Most of these are protected by passwords and two-factor authentication, making access after death difficult for loved ones without a plan. Imagine a spouse of an incapacitated person, or his or her surviving spouse, being unable to access bank accounts online simply because the login was never shared. Extra trips to the bank, providing documentation to “unlock” the account, or worse, a trip to probate court to force access can ensue. This is just an example of the issues which may result.
Legal Framework: RUFADAA
- The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) governs how fiduciaries can access digital assets after death. Most states, including Illinois, have adopted some version of this law. Under the Illinois RUFADAA, the following key takeaways apply:
- If a platform (like Facebook or Google) has a legacy or memorialization policy, that policy likely controls what happens.
- If no such policy exists, or the decedent failed to use the online tool, a designated digital fiduciary may designate their wishes in a written format (a will, trust, power of attorney for property).
- Simply leaving behind passwords may not be enough—without legal authority, companies can refuse access.
As you can see, it is complicated. To simplify things, we advise the creation of a digital estate plan.
Creating Your Digital Estate Plan
Step 1: Inventory Your Assets
List every digital account, including:
- Account name and type
- Associated email and phone number
- Payment details
- Usernames, passwords, and passkeys
- Advisor contact information (for financial accounts)
Update this list regularly—at least once a year, or whenever you open a new account. Keep this important and sensitive information guarded.
Step 2: Secure the Information
Store your list securely (not online or in email). Options include a password manager, encrypted flash drive, or sealed envelope kept with your attorney or other trusted advisor. Let your trusted contacts know where your information is kept and who can access
Step 3: Check Platform Policies
Review each platform for legacy or access settings. Fill them out and update your documentation accordingly. For example, Google offers an Inactive Account Manager tool, while Facebook allows you to designate a legacy contact. Take advantage of these tools to manage assets.
Decide What Happens to Each Asset
For each account, decide:
- Financial assets: Link them to your trust or estate plan.
- Personal assets: Choose to delete, transfer, or preserve (e.g., download and share family photos).
- Sensitive data: Mark for deletion without review.
Some assets, like travel points, may be transferable. Others, like private documents, may need to be erased. Making these decisions in advance can help prevent confusion or conflict among loved ones.
Assigning the Right People
Digital Executor
Name a Digital Executor in your Will—this can be different from your main Executor. Choose someone tech-savvy who can handle complex login processes.
Power of Attorney
Ensure your Power of Attorney includes authority over digital assets in case of disability. You may also appoint a separate Digital Asset Agent if you prefer. Make sure your disability trustee in your trust is also authorized to manage digital assets.
Passwords and Access
Your phone, computer, and email are the most critical accounts because they often control two-factor authentication for everything else. Arrange access with providers and document where your password list is stored.
Important: Do not include passwords directly in your Will. Once you are deceased, under Illinois law your will must be filed with the court, even if no probate is needed. It becomes a public record. Instead, use a secure storage method and reference it in your estate planning documents.
Common Questions About Digital Estate Planning
Can my spouse automatically access my accounts when I die?
Not always. Even spouses often need court authority unless you’ve set up digital access ahead of time.
What happens if I don’t create a digital estate plan?
Loved ones may face delays, legal battles, or lose access altogether. Some accounts may be permanently locked.
Are cryptocurrency wallets treated differently?
Yes. Without private keys or recovery phrases, cryptocurrency is virtually impossible to recover. Secure storage and clear instructions are essential.
Final Thoughts
Digital estate planning may sound complicated, but with the right guidance, it can be managed in a straightforward and secure way. By making a plan now, you’re giving your loved ones clarity and peace of mind during an already difficult time.
At Navigant Law, we help clients incorporate digital assets into their estate plans as part of a comprehensive strategy. To learn more or schedule a consultation, call us at 847-253-8800.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Consult with an attorney licensed in your jurisdiction before taking any action.
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