Digital estate planning, and what becomes of online accounts after a loss

The digital estate problem

The average person has over 100 online accounts. After a death, these accounts don’t simply disappear. Emails keep arriving. Subscriptions keep charging. Social media profiles remain visible. Cryptocurrency can become permanently inaccessible. And the legal framework for dealing with digital assets is still catching up to reality.

For families, the digital estate presents challenges that didn’t exist a generation ago. How do you access the email of someone who has died when you do not have the password? Can you download their photos from iCloud? What happens to their cryptocurrency if no one knows the wallet keys? These questions have answers, but the answers vary dramatically by platform, by state, and by whether your person took any advance planning steps.

Major platform policies

Each major platform has its own process for handling the account of a user who has died. Understanding these policies before you start making requests can save significant time and frustration.

• Google Offers an Inactive Account Manager that the user can set up in advance to share data or delete the account after a period of inactivity. Without it, Google has a process for requesting access that requires proof of death and proof of relationship. Google may provide account contents or delete the account, but does not typically grant full login access
• Apple The Digital Legacy program (iOS 15.2+) allows users to designate Legacy Contacts who can access their account after death. Without a Legacy Contact, Apple requires a court order to access the account. iCloud data, purchased content, and Apple ID credentials are otherwise locked permanently
• Facebook/Instagram (Meta) Accounts can be memorialized (the word “Remembering” appears before the name, and the profile is preserved) or removed entirely. A Legacy Contact can manage the memorialized account. Requests require a death certificate
• Twitter/X Allows deactivation of the account of a user who has died. A verified family member or executor can submit a request with proof of death. Twitter does not currently offer memorialization
• LinkedIn Accounts can be removed by submitting a verification request with a death certificate. LinkedIn does not offer memorialization or content transfer
• Microsoft (Outlook OneDrive), Has a Next of Kin process for accessing account data. Requires a death certificate, proof of relationship, and sometimes a court order. Microsoft can provide account contents on a DVD or digital download

Cryptocurrency and digital wallets

Cryptocurrency presents a unique and high-stakes challenge in digital estate planning. Unlike traditional financial accounts, crypto wallets are not controlled by any institution that can grant access to a next of kin. If the private keys are lost, the assets are typically gone forever.

• Hardware wallets (Ledger Trezor) require the device PIN and recovery seed phrase. Without both, the funds are permanently inaccessible. The seed phrase is a series of 12–24 words that can restore the wallet on any compatible device
• Exchange-held crypto (Coinbase Kraken, Binance) is more accessible because the exchange controls the account. Heirs can contact the exchange with a death certificate and proof of executor/beneficiary status to claim the assets
• A significant share of all cryptocurrency, often estimated in the tens of billions of dollars, is thought to be permanently inaccessible because private keys were lost. Proper planning, storing seed phrases securely and telling a trusted person where they are, is essential
• Some estate planning attorneys now specialize in crypto estate planning, creating trusts specifically designed to hold digital assets and providing clear access instructions to trustees

The legal landscape

The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) has been adopted in some form by most U.S. states. It provides a framework for fiduciaries (executors, trustees, agents under power of attorney) to access digital assets, but with important limitations.

• RUFADAA gives priority to any instructions the user set up during their lifetime (like Google’s Inactive Account Manager or Apple’s Digital Legacy). Where no such tool was used, a will or trust can direct who may access the accounts, within the limits of each platform’s Terms of Service
• Without advance planning, the executor generally has the right to manage digital assets as part of estate administration, but platforms may still resist providing access and require court orders
• The “content” of digital communications (emails, messages, DMs) receives higher privacy protection than “catalogue” information (list of contacts, subject lines, account data). Accessing content typically requires explicit authorization in a will, trust, or power of attorney
• Several states have enacted their own digital asset laws that go beyond or differ from RUFADAA, making it important to understand the rules in your person’s state of residence

Practical steps for families

Start with what you can find. Check your person’s phone, computer, and physical files for passwords, account lists, and recovery information. Check their browser’s saved passwords, any password manager apps, and physical notebooks where passwords might be written down.

Then work through each account systematically. Cancel subscriptions to stop charges. Memorialize or close social media. Request data downloads where available. And document everything, the estate may need records of digital assets for tax purposes.

LumenUs’s care plan includes a digital estate section that helps you identify your person’s online accounts, understand each platform’s policies, and track your progress through the closure or transfer process. The digital world didn’t exist when estate law was written, but your care plan accounts for it.