Much of our lives now exist online. From family photos and social media accounts to bank credentials and cryptocurrency holdings, digital assets have become a major part of what we leave behind. Taking the time to include digital assets in your will helps ensure that your online presence, finances, and memories are protected for your loved ones—so nothing gets lost in the digital shuffle. Proactively planning for these assets not only saves your family from unnecessary stress but also keeps your legacy secure and respected for generations to come.
What Qualifies as a Digital Asset and Why Should You Include Them in Your Will?
Digital assets are any resources or information you control in digital form that have personal, sentimental, or financial value. This goes far beyond your Facebook page or photos saved in the cloud.
Digital assets can include:
- Bank and investment accounts accessed online
- Cryptocurrency wallets
- Email accounts
- Domain names and blogs
- Online stores or business platforms
- Cloud-storage services and backup drives
- Loyalty program benefits, travel miles, and reward points
- Streaming and subscription services
Including digital property in your estate plan ensures that treasured memories and valuable information do not become inaccessible or lost. Without legal instructions, your family could face months or even years struggling to recover digital assets—sometimes unsuccessfully. Additionally, the risk of hacking or unauthorized use of your digital accounts rises if you leave your online footprint unprotected. For families in Charlotte and across North Carolina, a thoughtful plan for digital assets adds security and clarity to your legacy.
Many are surprised by how much value is tied up in digital form. Your online assets can also include projects you have created, unpublished manuscripts, encrypted data, or even ongoing revenue from online businesses. Protecting and passing on these assets can benefit your heirs financially and emotionally.
What Types of Digital Assets Should Go in an Estate Plan?
For a complete estate plan, listing all your digital assets and accounts creates a clear roadmap for your executor and beneficiaries. Many people only think to include email accounts or their most used platforms—but digital assets extend far beyond that. To better protect your legacy and lessen confusion for loved ones, take time to catalog every relevant account, file, and benefit.
Here are several types of digital assets to consider including in your estate plan:
- Online banking, investment, and payment accounts (such as PayPal, Venmo, Robinhood, or local banking apps)
- Cryptocurrency wallets, including Bitcoin, Ethereum, and any altcoins
- Cloud-based storage (Google Drive, Dropbox, iCloud) and archived digital photographs or videos
- Social media profiles and pages you own—including business profiles, YouTube accounts, and personal websites
- Online shopping, subscription, or delivery service accounts with payment information saved
- Loyalty programs and frequent flyer rewards that can be transferred or redeemed
- Digital intellectual property, such as e-books, music, content libraries, or coding projects with economic or sentimental value
It’s easy to overlook assets like smart home device accounts, online medical records, or even tax portals. The details matter, as many platforms have strict authentication and deletion policies. Keeping your digital asset inventory updated is essential—especially after adding a new service or closing a lesser-used account. A strong estate plan will identify these accounts, describe where to find login credentials, and clarify which heirs should have access to or control specific resources.
How to Grant Heirs Secure Access to Digital Assets
Preventing lost access isn’t just about creating a list. It’s about ensuring your executor or heirs can retrieve passwords, codes, and instructions without exposing these details to unnecessary risk. Password complexity and data privacy rules have made this more complicated, and many families discover too late that digital inheritance is not as straightforward as managing physical property.
Use a secure password manager to store current login details for your online accounts, and set up trusted emergency contacts who can request access after your passing. Instead of writing down passwords in your will—which becomes part of the public probate record—instruct your executor to access your password manager or secured inventory. Password managers often allow for emergency or legacy access and can be set up ahead of time.
Online services increasingly provide “legacy contact” or “account management” features that allow designated individuals to manage or delete your data when needed. For example, Google’s Inactive Account Manager and Facebook’s Legacy Contact are designed for this purpose. Take advantage of these features by assigning trusted persons and reviewing your selections regularly. Combining these steps with clear legal authorization gives your executor the right keys to carry out your wishes seamlessly.
Legal Hurdles: North Carolina Law, Privacy, and Terms of Service
Planning for digital assets goes beyond just making a list. Laws such as the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted by North Carolina, provide guidelines for how fiduciaries can access digital accounts after the account holder’s death. However, these laws work only when the owner grants explicit authorization in the estate plan. Lacking these instructions, service providers may refuse access—even if you want your heirs to inherit certain accounts or files.
Another layer of complication comes from the terms of service agreements set by online companies. Many platforms prohibit sharing passwords or transferring accounts. Even with a will in place, providers like Apple, Google, or financial service companies may only follow instructions set within their own preference centers. Failing to identify and use legacy features can delay access or even result in the permanent deletion of valuable material.
Carefulness is crucial, especially with accounts that manage personal data, family communications, or financial holdings. Violating privacy agreements or state regulations could result in liability for the executor. The right planning will specifically name a digital executor and reference your wishes, as well as respecting both state law and online terms of service. Legal oversight ensures the plan stays compliant as digital property laws evolve and platform policies shift.
Best Practices for Including Digital Assets in a Will and Keeping Plans Updated
Wording your digital asset instructions properly in your will will prevent wasted effort and unnecessary legal battles. List your digital property in a separate, secure, and regularly updated inventory referenced by your will. Do not include actual passwords or sensitive details in the will itself. Grant your executor the specific authority to access, manage, update, or close the digital property outlined in your instructions.
You should revisit and refresh your digital asset inventory regularly—ideally, each year or after any major life events like marriage, divorce, or moving to North Carolina. Adding or removing accounts, updating access controls, and checking provider policy changes help your estate plan stay current. Keep your executor, digital fiduciary, or power of attorney up to date on where to find your inventory and how to act if something changes suddenly in your digital footprint.
A well-maintained plan avoids headaches for loved ones. Changes in family, technology, or local law may require amending your. Routine communication with your trusted contacts, supported by legal review, keeps plans detailed and relevant for years ahead.
Special Considerations: Cryptocurrencies and NFTs in Estate Planning
Cryptocurrency and NFTs represent a unique class of digital assets with extra risks and management challenges. Unlike standard online banking, digital currencies are not held by a central institution—you control them directly through private keys or seed phrases. If those keys are lost or forgotten, the currency or token is permanently inaccessible. Accounts may not be recoverable even with a court order, and listing a wallet balance is meaningless unless heirs have proper instructions for access.
To address this, keep a highly secure but retrievable record of your wallets, backup phrases, device instructions, and related details. Store this separately from your will, as in a banking deposit box, with a lawyer, or via a robust password manager set to grant access to a digital executor. Do not disclose private keys in the will itself. Instead, describe where the information exists and authorize the right parties to retrieve and manage these accounts.
Charlotte residents holding digital currencies benefit from working with a local law firm familiar with North Carolina’s estate laws and the complexities of digital assets. Proactive communication and legal planning will help ensure your heirs can take ownership without risk of loss. Given the rapidly changing landscape of blockchain technology and regulations, a periodic review of your crypto estate plan is especially important.
Protecting Digital Assets for Minor Children and Blended Families
Families with children, stepchildren, or blended households face additional questions when it comes to digital asset inheritance. You may want surviving guardians to access your children’s online school accounts, retrieve family videos and photos, or manage social media on their behalf. Wills or trusts hould provide detailed instructions on who has permission to access these accounts, what should be shared, and when access should occur.
In blended families, it is vital to clearly define whether digital inheritances go to biological children, stepchildren, or both. The process may involve assigning specific assets to individual heirs or setting restrictions on what ex-partners can access. It is also important to consider the privacy and security implications of transferring digital files that could unintentionally reveal family dynamics, financial details, or confidential information.
Planning ahead helps avoid arguments or confusion down the road. By outlining access strategies and choosing digital executors whose interests align with yours, you protect your children’s online histories and ensure your digital wishes are honored. Legal counsel familiar with the realities of Charlotte’s diverse family structures and community values can design plans that fit your unique family situation.
The Value of Culturally Competent and Community-Based Legal Guidance
Estate planning for digital assets raises questions about identity, access, and privacy that are often deeply personal. Choosing a law firm rooted in Charlotte’s community and attuned to the experiences of local families can make a world of difference. At Hands Law, we approach each case with cultural awareness, empathy, and clarity, reflecting Charlotte’s rich diversity in our legal services and communications.
Our bilingual team supports clients from all backgrounds, and our commitment to excellence has earned recognition among leading legal organizations. We understand how to guide families through the sensitive conversations required for digital estate planning, whether you are managing a multi-generational household, building a business, or protecting family archives. We offer both in-person and virtual consultations, along with flexible payment options for every client we serve.
You deserve a legal team that respects your values and works with you collaboratively, not just as advisors, but as partners in planning your legacy. When planning for something as current—and as personal-- as your online presence, working with a community-based firm ensures everyone’s wishes, language needs, and privacy concerns are recognized with care.
Next Steps: Building a Secure Digital Legacy Starting Now
Securing your digital assets begins with a few key actions, regardless of the size or complexity of your online life. To take the first step:
- List every account, subscription, or valuable online resource, including passwords, wallet addresses, and digital receipts.
- Choose and document a trusted individual or digital executor with legal authority named in your will or trust.
- Set up legacy or emergency contacts in all major accounts, following each provider’s instructions for transferring control.
- Store sensitive details in a secure password manager or protected location, never directly in your will.
- Revisit and update your digital asset plan after any major life event or technology shift.
Open communication and early action are the best gifts you can give your family. When you are ready to ensure your digital life is protected alongside your physical legacy, consider working with a law firm that understands the unique needs and values of Charlotte’s families. Reach out to Hands Law at (704) 459-7410 to schedule a confidential consultation or discuss your next steps. Together, we will help ensure everything you value—online and offline—remains secure for generations to come.