A Practice of Jacobs Counsel LLCServing NY · NJ · OH — Vol. 2026
Legacy Counsel

Estate Planning · Digital Assets

What Happens to My Digital Assets When I Die?

Quick answer

Without planning, much of your digital life is frozen, lost, or locked behind company policies when you die. Most platforms do not simply hand your accounts to your family. A law in 46 states (RUFADAA) decides who can access what, but it only works if you set it up correctly while you are alive. The fix is to inventory your digital assets, use the platform tools built for this, and give your executor clear legal authority in your estate plan.

Drew Jacobs, Esq.Legacy Counsel by Jacobs Counsel LLCPublished Last updated 7 min read

What counts as a digital asset?

A digital asset is anything you own or control online or in digital form. For founders, creators, and gamers, this category is often more valuable than the physical stuff. It includes:

  • Cryptocurrency and NFTs held in exchanges or self-custody wallets.
  • Monetized channels on YouTube, Twitch, TikTok, Instagram, and similar platforms, including ad and sponsorship revenue.
  • Social media accounts and handles, which can carry real brand value.
  • Gaming accounts and in-game assets, including skins, items, and accounts with years of progress.
  • Domain names and websites, which can be valuable on their own.
  • Online businesses and storefronts on platforms like Shopify, Etsy, or Amazon.
  • Email and cloud storage, including photos and documents.
  • Intellectual property such as code, designs, music, and content libraries.
  • Loyalty and rewards points, subscriptions, and digital payment balances.

So what actually happens to these when you die?

It depends on the asset, and the default outcomes are not good.

Crypto in self-custody can be lost forever. If no one knows your wallet exists or can access your seed phrase or private keys, the assets are gone. There is no support line and no password reset. This is the single most common way digital wealth disappears.

Most online accounts do not transfer to your family. When you sign up, you agree to terms of service that usually give you a license to use the account, not ownership you can pass on. Many platforms are designed to memorialize or close an account on death, not transfer it.

Access is governed by law, but only if you plan. In 46 states, the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) sets the rules for whether your executor or trustee can get in. The law follows a clear order of priority:

  1. Online tools come first. If a platform offers a tool to name who gets access (Google's Inactive Account Manager, Facebook's Legacy Contact, Apple's Legacy Contact), what you set there overrides everything else.
  2. Your legal documents come next. If there is no online tool, the platform looks to your will, trust, or power of attorney for instructions and authority.
  3. The terms of service come last. If you did neither, the company's default policy controls, and that often means no access for your family.

There is one more catch worth knowing. RUFADAA lets your executor see the content of private communications such as emails and direct messages only if you explicitly consented. If you do not say so, your family may get a list of who you communicated with but not what was said.

How to make sure your digital assets are not lost

Make an inventory

You cannot pass on what no one knows exists. List your important accounts, wallets, domains, and channels, and where each one lives. Keep the list somewhere secure and updated. Do not put passwords or seed phrases in your will, because a will can become a public document in probate.

Use the platform tools

Set up the legacy and inactive-account tools where they exist. Because these tools sit at the top of the legal priority order, they are the fastest and most reliable way to direct access.

Give your executor explicit authority

Your will, trust, and power of attorney should specifically grant authority over digital assets and consent to access the content of your communications. Generic, older documents often say nothing about digital assets, which leaves your executor stuck.

Plan for crypto carefully

Crypto needs its own approach. Your plan should make sure a trusted person can locate and access wallets without exposing keys while you are alive. This usually means secure instructions held separately from the documents themselves, plus a clear chain of who is allowed to act.

Decide what should continue, and who runs it

A monetized channel, an online store, or a valuable handle may keep earning after you are gone. Decide whether it should be transferred, operated, sold, or shut down, and name the person responsible. For a creator or founder, this is the difference between a brand that survives and one that vanishes.

Key takeaways

  • Most platforms do not transfer your accounts to your family by default.
  • Self-custody crypto is lost if no one can locate and access it.
  • In 46 states, RUFADAA controls access, and platform legacy tools outrank everything else.
  • Your executor can read your private messages only if you explicitly consented.
  • An inventory, the right platform settings, and updated legal documents are what make your digital estate work.

Frequently asked questions

Usually not. Most platforms give you a license to use the account, not ownership you can hand down, and many will memorialize or close it instead of transferring it. Use the platform's legacy tool to direct what happens.

This article is educational and not legal advice. Estate planning, right of publicity, and tax rules vary by state and change over time. Confirm how the law applies to your situation with a qualified attorney before acting.