Imagine being named the executor or trustee of an estate, only to discover you can’t handle even the most basic tasks because you don’t have access to the deceased’s email, digital currency or social media accounts or other platforms. Without these digital assets, the important duties like accessing accounts, contacting beneficiaries or retrieving important documents can become frustrating, time-consuming and legally complicated. As more of our lives become increasingly online, ensuring proper access to these accounts after death or incapacity is a critical part of estate planning.
To address these challenges, California enacted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) in 2016. The law allows fiduciaries — such as executors, trustees or personal representatives — authority to access and manage digital assets like emails, social media accounts, digital currencies and online files. The law balances the need for fiduciary access with user privacy and the rights of custodians (e.g., Google, Facebook) that store these assets.
However, updates expanded RUFADAA’s scope, making it critical for individuals to understand its implications for estate planning.
New Rules for Estate Planning in the Digital Age
A significant update to RUFADAA, enacted through Senate Bill 1458 and effective Sept. 27, 2024, broadens the definition of “fiduciary” to include conservators and agents acting under a power of attorney, in addition to personal representatives and trustees. This change ensures that fiduciaries can manage digital assets not only after death, but also during incapacity, addressing a growing need as Californians live longer and hold more digital assets.
Under RUFADAA’s new provisions, custodians are required to disclose certain digital assets, such as catalogues of electronic communications (for example: lists of emails sent and received, not the content itself), to conservators and agents, provided they submit the required legal documentation. This update aligns California’s law with the needs of an aging population that is increasingly reliant on digital platforms to manage their affairs.
How to Protect Your Digital Legacy
RUFADAA allows you to use online tools (e.g., Google’s Inactive Account Manager or Facebook’s Legacy Contact) to designate who can access your digital assets in the event of your incapacitation or death. If no online tool is used, you can specify access instructions in a will, trust, power of attorney or other legal document. Without clear instructions, custodians may rely on their terms-of-service agreements, which could limit or block fiduciary access.
Best Practices for Including Digital Assets in Your Estate Plan
Given these complexities, it’s essential to include digital assets in your estate plan:
- Create a list of your digital assets, including login credentials, stored securely.
- Designate a digital executor or authorized agent.
- Update your documents regularly to reflect new accounts and changing laws.
- Communicate with loved ones about your preferences and where important information is stored.
Digital estate planning is still a relatively new and evolving field. Missteps can lead to delays, lost assets or privacy breaches. Duckor Metzger & Wynne, APLC, is here to help you navigate these changes and incorporate digital assets into your estate plan.
Whether you’re updating a will, establishing a trust or designating a power of attorney, the firm’s experienced trust and estate law attorneys will ensure your digital legacy is protected and accessible to your chosen fiduciaries. Contact us today to schedule a consultation and safeguard your digital assets for the future.