Can You Include Your Social Media Accounts in Your Estate Plan?
Most people in Sacramento, Folsom, and Roseville manage parts of their lives online. From bank accounts and email to cryptocurrency, photos, and business platforms, these digital assets can hold both financial and sentimental value. The question is, how do you protect digital assets in California estate plans so that your loved ones can access them when the time comes?
What Counts as a Digital Asset in an Estate Plan?
Digital assets cover a wide range of property stored or managed online. Examples include:
- Email and social media accounts
- Online banking, PayPal, or Venmo accounts
- Digital photos, videos, and documents
- Cryptocurrency or NFTs
- Websites, blogs, or online businesses
- Subscription services with monetary value
Even loyalty points or online gaming accounts may qualify as assets under California law if they can be transferred or redeemed. Without planning, these items risk being lost or inaccessible.
Why Is Planning for Digital Assets So Important in California?
Unlike physical property, digital assets are often locked behind passwords, encryption, or privacy protections. California families who fail to address these accounts in an estate plan may face major roadblocks. Loved ones may struggle to gain access, and businesses that rely on online platforms could collapse overnight.
Adding digital assets to an estate plan provides clear instructions and helps avoid delays in probate. It also reduces disputes, since California courts may not have direct guidance on how to treat every new form of digital property.
What Laws Govern Digital Assets in California?
California adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) in 2016. This law, found in the California Probate Code, allows fiduciaries such as executors, trustees, or agents under a power of attorney to manage digital assets if authorized.
Key points under RUFADAA include:
- Users can grant fiduciaries permission to access specific accounts.
- Some platforms allow users to designate legacy contacts or use online tools to set preferences.
- Without clear consent, fiduciaries may only receive limited access to account information, not the content itself.
This law aims to balance privacy with estate administration, but it requires careful planning to work effectively.
How Do You Include Digital Assets in an Estate Plan?
California residents can strengthen their estate plans by:
- Creating an inventory. List accounts, platforms, and digital property with instructions on how to access them.
- Storing login information securely. Use password managers or sealed instructions that your executor can access lawfully.
- Authorizing fiduciary access. Update wills, trusts, and powers of attorney to reference digital assets under California law.
- Reviewing platform-specific tools. For example, Google’s Inactive Account Manager or Apple’s Digital Legacy feature can designate who gains access after death.
- Updating regularly. Online accounts change often, so inventories and instructions should be kept current.
What Challenges Arise When Digital Assets Are Ignored?
When digital assets are left out of an estate plan, problems arise:
- Heirs may not know accounts exist, so property goes unclaimed.
- Service providers may refuse access without court orders.
- Businesses may lose critical data, customers, or revenue.
- Family memories stored online may disappear if accounts are deleted.
These gaps can lead to delays and increased costs in probate courts across Sacramento County. Families may spend months proving ownership of accounts that could have been addressed through planning.
How Do Local Families Benefit From Addressing Digital Assets?
In communities like Roseville and Folsom, many residents run small businesses or side ventures online. Including digital property in an estate plan ensures that income streams continue or are properly closed. For Sacramento families, where multiple generations often share photo storage accounts or family banking apps, proper planning helps preserve access for everyone.
By tailoring estate plans to local needs, families avoid unnecessary court intervention and maintain control over assets that matter both financially and emotionally.
What Role Does a Trustee or Executor Play With Digital Assets?
Once authorized, trustees and executors can manage digital accounts the same way they manage bank accounts or real estate. This may include closing accounts, transferring funds, or preserving digital property. California law requires fiduciaries to act in the best interest of the estate, so clear instructions reduce the risk of misuse or confusion.
How Often Should Digital Assets Be Reviewed?
Because technology changes quickly, digital asset planning is not a one-time task; estate plans should be reviewed every few years or after major life events. For example, if you move from Folsom to Sacramento, start a new business, or invest in cryptocurrency, updating your estate plan ensures those assets are included.
How Can Our Team Help You Protect Digital Assets?
Digital property isn’t just about money. Social media accounts, family photos, and online subscriptions often hold deep personal meaning. By addressing these items in your California estate plan, you give loved ones the ability to preserve memories, manage your online presence, and handle digital assets responsibly.
At the Law Offices of Daniel A. Hunt, we believe peace of mind comes from knowing every detail of your estate has been addressed, including the digital ones. Our team helps clients in Sacramento, Roseville, and Folsom build plans that reflect both traditional and modern assets.
We bring knowledge and compassion to every case, making sure your legacy online and offline remains secure.
If you want to include digital assets in your estate plan, give us a call:
Folsom: 916-957-3803
Sacramento: 916-545-6854
Roseville: 916-633-7709
