Digital Estate Planning: Managing Your Online Accounts After Death

Digital estate planning is an often overlooked component of modern estate management. With so many aspects of our lives rooted in the digital world, from social media to financial accounts, it’s important to consider how these assets will be managed when we’re no longer here.  

At Davidson Estate Law, we help California residents tackle digital estate planning with clarity and care. We serve clients in Oakland, Walnut Creek, Berkeley, San Francisco, El Cerrito, Alameda, and the Greater Bay Area.

With over 25 years of experience in estate planning, we have a reputation for providing compassionate, trusted counsel. If you're uncertain how to protect the future of your digital assets, reach out to Davidson Estate Law today to learn more.

What Is Digital Estate Planning?

Digital estate planning involves organizing and securing your online accounts, digital files, and other virtual assets in the event of your death or incapacity. This includes everything you have stored in the digital world: email accounts, social media profiles, cloud storage, bank logins, and even subscription services.  

Without careful planning, these accounts can become inaccessible, leaving your loved ones to untangle a digital mess. Properly managing your digital assets allows you to better dictate how these assets will be managed, such as choosing to pass them on, deleting them, or simply safeguarding them from misuse.  

Since identity theft and online fraud have become increasingly prevalent, neglecting to manage your digital assets can lead to significant risks. That’s why digital estate planning is necessary to protect your legacy. 

Why Is Digital Estate Planning Important?

Traditional estate planning often focuses on tangible assets like property, money, or physical belongings. Digital estate planning complements this by addressing the intangible assets that increasingly define our lives. These assets might include: 

• Financial accounts: Online banking, investment platforms, and cryptocurrency wallets need clear instructions for access and management.  

• Social media accounts: Platforms such as Facebook, Instagram, and LinkedIn let you designate legacy contacts to manage your accounts.  

• Subscription services: Auto-renewing subscriptions like Netflix, Amazon, and other streaming services can be expensive for your family if overlooked or forgotten to cancel. 

• Business accounts: Entrepreneurs and freelancers with online ventures should specify protocols to keep their businesses running or wind them down.  

• Personal data: Emails, personal photos, home videos, and cloud-stored documents hold sentimental and historical value.  

Digital Estate Planning Laws in California

California is ahead of the curve when it comes to digital estate planning. The state has adopted portions of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs how digital accounts and assets can be accessed by executors, trustees, or other fiduciaries after death. 

Under the RUFADAA, account holders can control what happens to their digital property by setting up clear instructions. This can be done through online tools provided by service providers (e.g., Google or Facebook’s legacy contact settings), in a will or trust, or by giving explicit consent to a fiduciary. Without such directives, service providers may deny access to your accounts, citing their terms of service agreements or privacy laws. 

California does not require separate probate proceedings for digital assets. However, seeking legal advice can help you handle these matters smoothly. To comply with California law and avoid conflicts, you should document your wishes for each digital account or platform. Many popular service providers now allow users to specify how their accounts should be managed posthumously. For example: 

• Google’s Active Account Manager lets you decide what happens to your data after inactive periods.  

• Apple’s Digital Legacy program allows select family members to request access to your digital accounts through secure channels.  

• Facebook’s settings offer options to memorialize or permanently delete accounts.  

Managing digital assets according to California law requires a thorough understanding of the RUFADAA. Partnering with an experienced estate planning attorney who is experienced in this area can help you better manage your digital assets after your passing.

Steps for Managing Your Digital Estate 

Creating a robust digital estate plan doesn’t have to be overwhelming. Instead, there are several practical steps you can take to help you get started. These include the following:

1. Inventory your digital assets: List all online accounts, subscriptions, and digital platforms you use. Categorize them into broad groups like financial accounts, social media, or personal data. Don’t forget recurring subscriptions or work-related platforms. 

2. Document your access details: Write down usernames, passwords, and security questions for each account. However, instead of listing this sensitive information in your will, consider storing it in a secure password manager that allows a trusted individual to access it. 

3. Set instructions for each account: Decide what should happen to each account. For example, do you want Facebook to memorialize your profile, or would you prefer it be deleted altogether?  

4. Designate a digital executor: Choose a trustworthy individual to carry out your digital instructions. This could be the same person as your estate executor or someone else with technical knowledge. Explicitly list their role in your will. 

5. Use online tools: Many online platforms provide tools for managing accounts after death. Take advantage of options like Google’s Active Account Manager or Apple’s Digital Legacy feature to pre-define access and decision-making. 

6. Formalize your wishes with legal documents: Compile your digital instructions into your estate plan, documenting your preferences in legally binding documents like a will or revocable living trust. Work with an estate planning attorney to cover every legal base. 

Estate Planning Attorneys in Oakland, California

Planning for the care and future of your loved ones is one of the most meaningful actions you can take. At Davidson Estate Law, we have over 25 years of experience helping California families manage their estates, both physical and digital.

Located in Oakland, California, we serve clients in Walnut Creek, Berkeley, San Francisco, El Cerrito, Alameda, and throughout the Bay Area. Whether you’re crafting a will, creating a revocable living trust, or organizing digital accounts, we can help. Contact us to schedule a free consultation today.