Digital Estate Planning

• • What is digital estate planning?

• • Digital estate planning organizes your online accounts, electronic files, and digital property so they can be accessed or handled after you die or become incapacitated. The process identifies each asset, explains how it should be managed, and names the person who will carry out your wishes. Legal documents give that person the authority required under state and federal law.

• • What counts as a digital asset?

• • Many items fall into the category of digital assets. Examples include email accounts, social media profiles, photos stored in the cloud, financial accounts with online access, cryptocurrency, domain names, streaming subscriptions, loyalty programs, and business software. Even if an account has no monetary value, it may hold personal or sentimental importance. Planning ensures nothing gets lost or overlooked.

• • Why can’t loved ones just log in?

• • Most service agreements prohibit sharing passwords or accessing an account belonging to someone else. Federal privacy laws and computer access laws also restrict unauthorized entry. Even with the best intentions, attempting to log in can violate terms of service or trigger account shutdowns. Digital estate planning gives legal authority, so access is permitted rather than prohibited.

• • Does Oklahoma law address digital assets?

• • Oklahoma has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This law allows you to grant a fiduciary, such as an executor, trustee, or agent under a power of attorney, access to certain digital information. Service providers still control what can be shared, so clear instructions and proper documentation are essential.

• • How do I give someone authority over my digital assets?

• • Legal documents must explicitly authorize access. A well-drafted will, trust, and power of attorney can include digital asset provisions. Some companies offer online tools or “legacy contacts” to designate who can access your account after death. Combining platform-specific settings with legal documents creates the strongest protection.

• • What role does a digital executor play?

• • A digital executor is the person you choose to manage your digital assets after death. This individual may close online accounts, transfer digital property, preserve photos or videos, and follow your instructions.

• • How does digital estate planning work with a trust?

• • Monetary digital assets like cryptocurrency can be titled in the name of a trust like any other financial asset, but careful planning is necessary to comply with the law.

• • What happens to my social media accounts when I die?

• • Each platform has its own policy. Some allow memorialization, while others allow deletion or transfer under certain conditions. Without instructions, accounts may remain active indefinitely or be closed without saving content. Digital estate planning lets you decide whether accounts should be preserved, deleted, or given to a specific person.

• • How do I create a digital asset inventory?

• • Start by listing every online account, device, and file location. Include usernames, types of assets, and how each account is used. Passwords should not be written directly in a will because the document becomes public during probate. Instead, use a secure password manager or a separate document that the fiduciary can access. Updating the inventory regularly keeps your plan accurate.

• • What if I do nothing?

• • Ignoring digital assets can create major headaches for loved ones. They may not be able to access financial information, retrieve cherished photos, or close accounts. Unattended accounts can also create identity theft risks or ongoing subscription charges. Planning avoids confusion and protects your privacy.

• • Why should I work with an estate planning attorney to address this?

• • Digital assets are governed by a mix of federal law, state law, and private contracts. An estate planning attorney understands these rules and prepares the documents required to authorize access. Your attorney also helps you coordinate your digital inventory with your will, trust, and powers of attorney. Thoughtful guidance ensures your online life is managed exactly as you intend. Digital estate planning is no longer optional. Proper preparation protects your information, supports your loved ones, and completes your estate plan in the digital age.

Ready to work with an Oklahoma City estate planning lawyer?

We are here to help if you would like to create a holistic plan that covers all your bases. You can call us at 405-843-6100 to schedule a consultation at our Oklahoma City location or 918-615-2700 for our Tulsa, OK, estate planning office.

If you would like to send us a message instead, use our contact form, and we will be in touch ASAP.