We live much of our lives online, from storing family photos in the cloud to managing cryptocurrency wallets and online businesses. But when someone passes away, these digital assets often go unclaimed, inaccessible, or even lost forever.
Digital estate planning helps ensure that your online accounts and digital property are preserved, protected, or passed on according to your wishes. At Petrelli Previtera, LLC, we help individuals and families in Pennsylvania include digital assets as part of a complete estate plan.
Key Takeaways
What Is Digital Estate Planning?
Digital estate planning refers to the process of organizing and planning for what happens to your digital assets after your death or incapacitation. These assets may include:
- Email accounts
- Cloud storage accounts (Google Drive, iCloud, Dropbox)
- Social media (Facebook, Instagram, LinkedIn, TikTok)
- Online bank or investment accounts
- Cryptocurrency wallets and NFTs
- Digital photos and videos
- Domain names, websites, or blogs
- Online storefronts (eBay, Etsy, Amazon, Shopify)
- Subscription services (Netflix, Dropbox, gaming accounts)
- Loyalty rewards and airline miles
- Fitness and health data (Apple Health, Fitbit)
In the past, estate planning meant organizing paper records—like wills, insurance policies, and account statements—in a binder or safe. Today, those documents and many financial, business, and personal records exist primarily online. Unfortunately, most people haven’t organized or centralized this information, which can make estate administration confusing and frustrating for loved ones.
Why Digital Assets Matter in Estate Planning
Digital assets are not automatically transferred when you pass away. In many cases, family members don’t even know what accounts exist or how to access them. Some platforms delete inactive accounts after a period of time. Others lock accounts if access isn’t granted ahead of time.
Even accounts tied to physical property—like online banking, utility bills, or mortgage portals—may require digital access. If no one has your login information or instructions, your family could struggle to manage ongoing payments, close accounts, or retrieve important information needed to settle the estate.
Imagine this: A Pennsylvania man had thousands of dollars in cryptocurrency stored in a wallet that only he could access. After his passing, no one in the family could locate his private keys or password. Despite the best intentions, the digital inheritance was lost forever.
Planning ahead can help prevent situations like this.
Pennsylvania Law and Your Digital Legacy
Pennsylvania has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This law outlines who can access your digital property and under what circumstances.
Under RUFADAA:
- You can authorize someone to access your digital assets in your will, trust, or power of attorney.
- Service providers (like Google or Facebook) may offer tools to name a trusted contact or determine what happens to your account after death.
- Your directions in a legal document take priority over provider terms of service, if written clearly and correctly.
It’s important to note: just giving someone your passwords is not enough and may even violate terms of service. Proper legal planning is essential.
Steps to Include Digital Assets in Your Estate Plan
You don’t have to figure it all out on your own. But here are smart first steps you can take:
- Create a list of your digital assets and where they are located.
- Store login credentials using a secure password manager or encrypted document.
- Identify where digital records are stored: email, cloud, hard drive, or password vaults.
- Name a digital executor or authorize your current executor to access digital assets.
- Use provider tools like Facebook’s Legacy Contact or Google’s Inactive Account Manager.
- Include instructions in your will or trust to cover your digital estate.
- List subscriptions or recurring charges that may need to be canceled.
Working with an attorney ensures your digital asset instructions are legally binding and in line with Pennsylvania law.
Common Mistakes to Avoid
- Forgetting to update your digital inventory
- Leaving instructions only in a handwritten note
- Assuming your spouse or children will be given access
- Not accounting for crypto wallets, domains, or monetized social accounts
- Not reviewing the legal tools offered by service providers
Digital estate planning isn’t just for tech-savvy professionals. It’s for anyone who has an online presence, which today includes almost everyone.
How a Digital Estate Plan Helps Your Family
By creating a digital estate plan, you can help your family more easily:
- Locate online accounts
- Access important information or assets
- Determine if your digital property has financial value
- Transfer or close accounts with minimal confusion
- Prevent online identity theft or fraud
How Petrelli Previtera Helps With Digital Estate Planning
Our attorneys are experienced in both traditional estate planning and the evolving world of digital asset law. We help clients:
- Inventory digital assets and potential risks
- Incorporate digital planning into wills, trusts, and powers of attorney
- Coordinate with family members or executors
- Create durable plans that remain valid even as platforms change
Whether you need to revise an existing plan or start fresh, we can help you protect your online legacy.
FAQs About Digital Estate Planning in Pennsylvania
Do I need to include digital assets in my will?
Yes. A will can grant your executor access to manage or distribute your digital property.
Can I just leave my passwords in a notebook?
It’s not recommended. Not only is this insecure, but it may not provide legal authority to access the accounts.
What happens to my Facebook or Gmail when I die?
That depends. Facebook allows you to name a Legacy Contact or set your account to be memorialized. Google offers an Inactive Account Manager. These tools can be part of your overall plan.
How do I plan for cryptocurrency or NFTs?
These assets require very specific instructions. You must include wallet locations, access methods, and designate someone who understands how to manage them.
Don’t Let Your Digital Life Be Forgotten
Digital estate planning protects more than money. It protects memories, prevents loss, and reduces stress for the people you love.
If you’re ready to build or update your estate plan to include digital assets, our team is here to help.
Secure Your Digital Legacy With Confidence
Contact Petrelli Previtera, LLC to schedule a consultation with one of our estate planning attorneys. Let’s create a plan that reflects your entire life, online and off.