Digital assets in a will

The statutes use one definition. Florida: '"Digital asset" means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record.' California's Probate Code 871(h) and Texas Estates Code 2001.002(8) use the same words⁵⁷⁹.

So the email account, the photo library, the social media profile, the domain name and the files in cloud storage are digital assets. The money in an online bank account is an underlying asset, which the definition leaves out unless it is itself an electronic record. The Uniform Law Commission's fact sheet gives 'computer files, web domains, and virtual currency' as examples a fiduciary can manage, and separates out 'electronic communications such as email, text messages, and social media accounts', which need your consent².

The ABA article sums up the gap the act closes: an executor 'does not automatically gain access to a decedent's online accounts without specific consent from the decedent', and under RUFADAA access follows either an online tool setting or a will that 'specifically allows legal representative to access their online accounts'¹.

Florida Statutes 740.003, 'User direction for disclosure of digital assets': '(1) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.'⁴

'(2) If a user has not used an online tool to give direction under subsection (1) or if the custodian has not provided an online tool, the user may allow or prohibit disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user, in a will, trust, power of attorney, or other record. (3) A user's direction under subsection (1) or subsection (2) overrides a contrary provision in a terms-of-service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.'⁴

New York's EPTL 13-A-2.2 and Texas's 2001.051 say the same in the same order; California's 873 does too, and its subdivision (c) states plainly that 'A user's direction under subdivision (a) or (b) overrides a contrary provision in a terms-of-service agreement'⁶⁸¹⁰.

In the will: the consent. The act gives your executor access to the content of messages only if you consented 'in a will, trust, power of attorney, or other record'². A clause that authorizes your executor to deal with your digital assets and accounts does that; the ABA article prints sample language that begins 'My Executors may take any action with respect to my Digital Assets, Digital Accounts, and Digital Devices'¹. The same consent belongs in your power of attorney if you want an agent to manage accounts while you are alive, since the statutes name a power of attorney alongside the will.

In the accounts: the online tools. Where a service offers one, set it. Because a tool you can change at any time overrides your will, it is the most direct way to say who gets what from that account⁴. The ABA article notes that some tech companies let users name 'legacy contacts' who can be given access after death¹.

Out of the will: the list and the passwords. The ABA article says the representative 'should also have the passwords to access those assets and up-to-date log-in information', and that this means 'keeping a digital asset plan separate from a will and other estate planning documents and reviewing it at least once a year to ensure the accounts and passwords are still accurate'¹. Passwords change; a will is meant to stay put. Tell your executor where the list is.

What online will services show. On the pages we read on Oct 8, 2026, none of LawDepot's will questionnaire start page, LegalZoom's will plan page or WillMaker's pricing page mentioned digital assets¹¹¹²¹³. That does not mean the questionnaires lack the clause; it means you should look for it as you go, and add a separate authorization if it is missing.