Authority: RUFADAA in NY, NJ, and OH
All three states have adopted versions of the Revised Uniform Fiduciary Access to Digital Assets Act.
Digital Asset Estate PlanningLegacy Counsel
Digital Asset Estate Planning
Self-custodied crypto is the single most common asset we see lost to bad estate planning.
Key Points
- ◆RUFADAA-compliant authority over online accounts (NY, NJ, and OH have all adopted)
- ◆Secure inheritance protocol for seed phrases and hardware wallets
- ◆Multi-signature and time-locked wallet structures for high-value holdings
- ◆Inventory and access plan for domains, SaaS accounts, and recurring revenue
- ◆Coordination with trusts for tax basis step-up and dynasty planning
Access: where the seed phrase actually lives
Authority does not help if no one can reach the wallet.
Tax and structural considerations
Crypto held until death gets a step-up in basis.
Frequently Asked
What happens to my crypto if I die without an inheritance plan?+
If nobody can reach your private keys or seed phrase, the holdings are effectively unrecoverable — no court order can reproduce a key. A workable plan needs two things: legal authority for your fiduciary over digital accounts, and a secure, tested way for that person to actually obtain access.
Can I just put my seed phrase in my will?+
No. A will becomes a public court record once it is admitted to probate, so anything written into it can be read by anyone who pulls the file. Keys belong in a separate, secured access protocol that the documents reference, with the fiduciary authority to use them granted in the plan itself.
Are NFTs treated the same way?+
Functionally yes — control of the wallet is control of the asset. Valuation and marketability are the harder part: thin markets make appraisal contestable and can make it unrealistic for a fiduciary to sell on any particular timeline.
Next step
Talk to Legacy Counsel
Fixed-fee estate planning for clients in New York, New Jersey, and Ohio.
Drew Jacobs is licensed in New York, New Jersey, and Ohio. Nothing on this page constitutes legal advice or an offer to represent you in a jurisdiction in which we are not licensed.
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