Do You Have Digital Assets? What Happens to Them When You Die?

When you think about your estate, you may picture your home, bank accounts, retirement funds, vehicles, or jewelry. But much of life now happens online. Your email, social media, cloud storage, digital photos, online banking, e-books, music, websites, loyalty points, and cryptocurrency may all be considered digital assets.

So, who can manage these assets when you die—and how can you make the process easier for your family?

Washington Law Provides a Path for Access

Washington adopted the Uniform Fiduciary Access to Digital Assets Act, found in Chapter 11.120 RCW. The law provides a process for a fiduciary—such as the Personal Representative named in your Last Will—to request access to certain digital records or account information after your death.

A properly drafted Last Will should specifically authorize your Personal Representative to manage your digital assets. However, access is not automatic in every situation. The provider may require a death certificate, court appointment documents, account information, or other proof before releasing records. Access to the contents of private electronic communications may also require your express consent or a court order.

Which Instructions Control?

Washington law generally follows this order of priority:

1. The provider’s online tool comes first. If a service offers a tool allowing you to name someone to access or manage the account after death—such as Google’s Inactive Account Manager or Apple’s Legacy Contact—your selection through that tool generally overrides conflicting instructions in your Will or other estate-planning documents.

2. Your estate planning documents come next. If the provider does not offer an online tool, or you did not use it, your Will, Trust, Power of Attorney, or other written record may control to the extent permitted by law. Your documents should clearly state whether your fiduciary may access digital assets, including the contents of electronic communications.

3. The terms of service may apply. If neither an online tool nor your estate planning documents address the issue, the provider’s terms-of-service agreement may determine what access is available, subject to applicable law.

Simple Steps You Can Take Now

Make a secure inventory of your important digital accounts, use any legacy or inactive-account tools offered by your providers, and confirm that your estate planning documents include appropriate digital-asset authority. Avoid casually sharing passwords, as doing so may violate a provider’s terms of service and create security concerns.

Digital assets are now an important part of estate planning. A little preparation can help protect your privacy, preserve meaningful information, and reduce frustration for your family.

If you have questions about digital assets or would like to review your estate plan, contact DLO Law Group at 425-440-3494 or office@dlolawgroup.com to get started.