Digital Assets in Estate Planning

Numerous individuals account for their property, securities and concrete property as part of their estate plan. However, much of individuals’s lives are now online, potentially leaving an individual’s digital properties unclaimed and even susceptible to theft. An extensive estate plan ought to attend to the handling of digital assets.

Types of Digital Assets

There are a wide array of digital possessions that can range from nostalgic yet economically useless to properties with high monetary worth. Blogs, discussion online forums, listservs and comparable locations can be valuable to some individuals. Email accounts may consist of secret information and interactions that can costs services substantial amounts of money if the contents are exposed.

Gain Access To

A main consideration regarding digital assets is how an individual can access them. With other kinds of properties, a person may inform a trusted confidante or partner where important properties are located. This might not be the case with digital possessions. In addition, people have been told over and over once again not to compose down passwords and to utilize strong passwords that others might not be able to easily think.

Inventory of Possessions

Like an estate plan that deals with other kinds of property, the procedure begins by making a stock of properties. This includes making a list of all properties and liabilities that remain in digital type. For instance, a testator might make a list of all hardware, flash drives, backup discs, digital photos and similar concrete items. Then, the testator can explain where numerous files are kept and what is on them, such as monetary records or customer files.

Digital Administrator

The digital portion of an estate plan may need to be managed by another person. Someone who is savvier with technology or who would understand how to access this info may be much better to manage this portion of the estate, even if another executor is named for the other aspects of a testator’s estate.


There ought to be clear instructions relating to how an individual wishes to treat his or her digital possessions after death. This may imply closing down a social networks page. It might likewise suggest erasing private files so that no one sees them. A testator might desire to offer notification to certain people upon his or her death that can be easier interacted if digital info is stored on these individuals.


With the rest of an individual’s will, particular preventative measures need to be taken to make sure that the testator’s possessions will be safeguarded and that all needed legal actions have been taken. The digital properties may be managed in the rest of an individual’s will or in a codicil to a will, depending upon the state law where the law is formed. An estate planning lawyer might assist with the procedure of ensuring legal precautions are taken.