Most people today do not just leave behind a house or a bank account when they die. They leave phones full of photos, email accounts, online subscriptions, cloud storage, social media, and sometimes even digital money.[i] The problem today is that when someone dies, access to all of that often dies with them. Families now more than ever are learning that a will does not mean they can automatically unlock a phone, recover an email account, or access online assets, even when everyone agrees on what the person would have wanted.[ii] A study conducted by Forbes, showed that only 29% of Americans reported feeling knowledgeable about digital assets while 45% of people have never heard about digital estate planning.[iii]
This occurs because digital accounts are designed to keep people out, not let families in. Things like passwords, two-factor authentication, face IDs, and automatic security locks do not disappear when someone dies. In addition to that, many online platforms are bound by their own privacy rules, which can prevent access even when a family may have legal authority to manage the person’s estate.[iv] As a result, survivors are often stuck proving who they are to companies that they were never designed to deal with death in the first place.
This issue is not limited to just tech experts or people with large online investments. It likewise extends beyond those who own cryptocurrency or run online businesses. A smartphone alone can contain years of photos, personal messages, stored payment information and access to important accounts. For many people, these digital items are just as meaningful as physical items and can sometimes be far more irreplaceable.
Much of the confusion surrounding digital assets after death stems from how estate planning is commonly understood. Wills and trusts are meant to pass property from one person to another, and they usually work well for things like cars, homes, and bank accounts.[v] But digital life does not follow the same rules.[vi] Having legal authority to manage someone’s estate does not automatically grant one the ability to log into their accounts, reset passwords, or access information locked behind personal security settings.[vii] Even where a legal framework exists, access can still be difficult for ordinary families.
The impact of this is more than just an inconvenience. Families can lose access to photos, videos, messages and emails that only exist digitally. Even small amounts of money that is stored online can be difficult or even impossible to recover. Subscription services may continue charging without anyone being able to manage them. In certain cases, important information needed to settle an estate or operate a small business may be locked behind an account no one can reach, turning an already stressful situation into a prolonged and frustrating process.
This problem will only continue to grow, not dwindle down or disappear. More of everyday life is happening online now more than ever. The amount of personal information that is stored digitally is increasing every year.[viii] With that, online security measures are becoming stricter and not more flexible.[ix] Online accounts are designed to protect privacy and prevent misuse, which is critical, but those same accounts do not account for what happens after death. As a result, families are facing a growing disparity between the digital lives people are living and the tools available to manage those lives when someone is gone.
At the heart of the digital estate planning problem is a simple conflict. Estate planning law is designed to carry out a person’s wishes after death and give executors and trustees the authority they need to manage an estate. Digital platforms, on the other hand, are built to keep accounts private and secure, even long after the account holder is gone. When these two systems collide, families are left caught in the middle.
Many states have tried to address this issue by adopting laws governing digital assets, including various versions of the Revised Uniform Fiduciary Access to Digital Assets Act.[x] These laws acknowledge that digital accounts are part of modern living, but they often fall short in practice. In many cases, access depends on whether the account holder took additional specific steps during their lifetime, such as implementing a platform’s built-in legacy tools or giving explicit consent. If those steps were never taken, even a valid will or trust may not be enough to unlock an account.
This framework creates real problems. A person’s carefully written estate plan can be overridden by terms buried in online user agreements that were never meant to govern life after death. Outcomes can also vary depending on state, leaving executors unsure of their authority and families unsure of their rights. In effect, decisions that traditionally belonged to estate law are increasingly shaped by private platform policies.
A more effective solution would be to realign digital assets with core estate planning principles. States could presume fiduciary access by default, while still allowing individuals to opt out at their discretion. Legislatures could also make clear that wills and trusts control over conflicting platform rules, restoring predictability and honoring intent. Requiring clearer disclosure about digital legacy options when accounts are created would further ensure that people understand the consequences of inaction before problems arise. This approach would place traditional estate planning documents back at the center of decision making rather than allowing private platform rules to control access after death.
On the bright side, the solution is not hopeless. To get there, digital assets need to be recognized as a basic part of modern estate planning and not a niche issue. People should be encouraged to think about their digital assets the same way they think about their physical property; what exists, where it is, and who should be able to manage it once they are gone. Clear instructions, kept up to date and separate from passwords themselves, can make a meaningful difference. Equally as important, there also needs to be better awareness that a will or trust alone is simply not enough to handle digital accounts, and that planning for access is now a standard part of responsible planning and not an optional add-on.
Estate planning has always revolved around preparing people for what happens after death. In today’s environment, that preparation must include digital life. Ignoring online accounts, stored data, and digital access does not make those issues disappear, but rather leaves families to deal with them later, often at the worst possible moments. As more of society and individual lives move online, planning for digital assets is no longer a technical, rare problem for the future. The future is now. It is a basic part of making sure the people we leave behind are not locked out of what matters most.
[i] See generally Samuel Dangremond, How to Protect Digital Assets in an Estate Plan, A.B.A. (Feb. 26, 2025), https://www.americanbar.org/groups/real_property_trust_estate/resources/ereport/2025-winter/how-protect-digital-assets-estate-plan [https://perma.cc/2RNQ-KGWK].
[ii] See Jamie Hopkins, New Survey Shows Americans Don’t Know Which Digital Assets They Own, Forbes (Sep. 7, 2025), https://www.forbes.com/sites/jamiehopkins/2025/09/07/new-survey-shows-americans-dont-know-which-digital-assets-they-own [https://perma.cc/RL7B-FZGF].
[iii] Id.
[iv] See Purdue Global Law School, Digital Estate Planning: How to Protect Digital Assets, Purdue Glob. (Apr. 17, 2025), https://www.purduegloballawschool.edu/blog/news/digital-estate-planning
[v] Id.
[vi] See generally Wesley Brandi and Deborah Hoffman, Digital Assets and Estate Planning: Preventing and Resolving Trust and Probate Challenges, A.B.A. (Dec. 30, 2025), https://www.americanbar.org/groups/real_property_trust_estate/resources/probate-property/2026-january-february/digital-assets-estate-planning [https://perma.cc/2NXK-TNA8].
[vii] See generally Revised Unif. Fiduciary Access to Digital Assets Act U.L.A., https://www.uniformlaws.org/committees/community-home?communitykey=f7237fc4-74c2-4728-81c6-b39a91ecdf22 [https://perma.cc/DA2Y-UFC5] (last visited Feb. 16, 2026); see also State-by-State Digital Estate Planning Laws everplans, https://www.everplans.com/articles/state-by-state-digital-estate-planning-laws? [https://perma.cc/YXA2-GB5Q] (last visited Feb. 16, 2026), (summarizing how state laws governing digital assets limit fiduciary access and do not guarantee account access without advance planning).
[viii] See Internet, Broadband Fact Sheet, Pew Rsch. Ctr. (Nov. 20, 2025), https://www.pewresearch.org/internet/fact-sheet/internet-broadband/ [https://perma.cc/XL3D-QLKS].
[ix] See generally Fidelity Viewpoints, Estate Planning for the Digital Era, Fidelity (Aug. 18, 2025), https://www.fidelity.com/viewpoints/wealth-management/estate-planning-for-digital-assets [https://perma.cc/B4TU-G7AM].
[x] See Revised Unif. Fiduciary Access to Digital Assets Act, supra note vii.
