Planning for digital assets after death is complex, as survivors often face legal, technical, and privacy hurdles when attempting to access a decedent's online accounts.
Key facts
- •RUFADAA has been enacted in 48 states, Washington, DC, and the US Virgin Islands to regulate digital fiduciary access.
- •The Stored Communications Act prevents companies from releasing online assets without permission, creating a conflict with survivor access.
- •Google has offered an Inactive Account Manager since 2013, while Apple and Meta provide legacy contact options.
- •Experts warn against including usernames or passwords in a will, as it is a public document.
- •Platform-specific legacy controls may override instructions provided in a personal will.
Managing the digital assets of a deceased or incapacitated person is complicated by a lack of planning and conflicting legal frameworks. While some tech companies offer legacy tools, these features often fall short, leaving survivors to navigate privacy laws and technical barriers to access accounts, photos, and financial assets.
Legal Frameworks and Privacy
In the United States, digital inheritance is governed by state law, with the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) enacted in 48 states, Washington, DC, and the US Virgin Islands. RUFADAA aims to balance survivor access with the privacy of the deceased, as federal law under the Stored Communications Act restricts companies from releasing online assets without permission. Without explicit authorization in a will or legal document, a fiduciary may only be able to access metadata rather than the contents of private communications.
Limitations of Tech Company Tools
Major platforms like Google, Apple, and Meta provide legacy contact or inactive account features, but these tools often require manual intervention and specific conditions to function. Experts note that there is no universal protocol for notifying providers of a death. Furthermore, platform-specific controls can override instructions left in a will, and security measures like biometric authentication or two-factor authentication can prevent even authorized individuals from accessing accounts.
Best Practices for Digital Planning
Experts recommend naming a fiduciary in a will and providing detailed instructions on how to handle specific digital assets. It is advised to keep login credentials separate from public legal documents to maintain security. Additionally, users should regularly update their instructions and consider maintaining local backups of important data, though this does not address the need to formally close online accounts.
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This article was independently rewritten by ManyPress editorial AI from reporting originally published by Wired.
