What Counts as a Digital Asset in Your Estate Plan?

estate planning Aug 28, 2025

Estate planning has traditionally focused on tangible property like homes, vehicles, and financial accounts. However, in today’s digital age, much of our personal and financial lives are managed online. From social media to cryptocurrency, digital assets are now an essential part of estate planning. Recognizing what qualifies as a digital asset and ensuring they are included in your estate plan can save your loved ones unnecessary confusion and protect your legacy.

Defining Digital Assets

Digital assets include any electronic record, file, or account that holds personal, sentimental, or monetary value. These assets can range from financial holdings to personal online content. Importantly, they are often protected by unique usernames, passwords, and terms of service agreements, making access difficult for family members if not properly planned for in advance.

Common Types of Digital Assets

Financial Accounts – Online banking, PayPal, Venmo, investment platforms, and cryptocurrency wallets all hold real monetary value and should be included in your estate plan.

Social Media Accounts – Platforms like Facebook, Instagram, and LinkedIn may not hold monetary value, but they often contain sentimental significance and require decisions about memorialization or deletion.

Email Accounts – Email is the gateway to many other online services. Providing guidance on how to handle these accounts can prevent identity theft or fraud.

Intellectual Property – Blogs, online courses, e-books, or digital art you’ve created are assets that may generate income or hold intellectual property rights.

Subscriptions and Memberships – Streaming services, cloud storage, or subscription-based apps may seem minor, but they can accumulate unnecessary costs if not properly canceled.

Digital Collections – Photos, videos, and music stored on platforms like iCloud or Google Drive hold sentimental value and should be preserved for your heirs.

Why Digital Assets Matter in Estate Planning

Digital assets can have financial, emotional, and even legal implications. For example, cryptocurrency accounts without documented access keys may be permanently lost, regardless of their value. Similarly, treasured family photos stored only online could disappear if no one has access. Including these assets in your estate plan ensures they are properly managed, transferred, or closed according to your wishes.

How to Protect Your Digital Assets

Create an Inventory – Make a comprehensive list of all digital accounts, usernames, and instructions for access. Avoid including passwords in your will, as it becomes public record. Instead, use a secure password manager or digital vault.

Provide Clear Instructions – Specify whether accounts should be deleted, memorialized, or transferred.

Appoint a Digital Executor – Some states allow the designation of a digital executor, a trusted person responsible for handling your online accounts.

Work with ProfessionalsEstate planning attorneys can ensure your digital assets are legally recognized and that your plan complies with state laws.

Final Thoughts

Digital assets are no longer optional considerations in estate planning—they are central to preserving both financial value and personal memories. By identifying what counts as a digital asset and providing clear instructions for their management, you ensure that your online legacy is handled with care and that your loved ones are not left navigating digital roadblocks during an already difficult time.

For legal help in California and your other needs, contact BERYS LAW on this page. We also offer courses on real estate investing, landlording, and templates right here!

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