What Happens to Online Accounts and Digital Assets After Someone Dies?
People’s lives live online. From social media profiles to email accounts, these digital lives are as valuable as anything in the physical world. But what happens to online accounts and digital assets after someone dies?
For families and loved ones, it can be hard to figure out what to do with these accounts and assets. Here are a few steps to take during this confusing, frustrating, and emotional time.
Digital Assets Are Real Assets
Digital assets cover everything stored online or electronically. These can include:
- Social media accounts
- Cloud storage of photos and videos
- Blogs
- Online banking and investment accounts
- Loyalty points
- In-game currencies
While these exist in the cloud rather than a safe, they still have value, whether that is financial, sentimental, or both.
In California, digital assets are treated like part of a person’s estate. That means they can go through probate, just like a house, a car, or a bank account, and pass on according to a will or state law.
Accessing Digital Accounts Is Not Always Easy
Accessing someone else’s online accounts is not simple. Most platforms have rules against sharing passwords or letting others log in without proper legal authorization.
Some platforms make it easier. Facebook lets you set a legacy contact to manage your account after death. Also, Google and Apple offer “Inactivity Managers” or “legacy contacts” to grant access to certain files.
However, there are others that may delete accounts permanently if they sit unused. Without proper planning, your loved ones could lose access to precious photos, emails, or digital money.
What About California Law and Digital Assets
The California Probate Code allows personal representatives to ask the court to authorize access to a decedent’s digital accounts. This gives families legal authority to work with service providers and make sure digital property is handled according to the deceased person’s wishes.
Remember that not every account or digital item is automatically transferable. Privacy settings, encryption, and platform rules can create roadblocks. For this reason, you may want to work with a California probate attorney to help you navigate these legal twists and make sure nothing important is lost.
Planning Can Prevent Issues Down the Road
You can make this easier for your loved ones. When you take these steps now, you can make sure your digital life is protected and accessible when it matters most. Some of these steps include:
- Make a list: You want to document all your online accounts, passwords, devices, subscriptions, and digital wallets. Even social media, cloud storage, email, and any cryptocurrency accounts need to be protected.
- Appoint a digital executor: Like a traditional executor, this person handles your digital assets. They can manage accounts, transfer ownership, or delete accounts according to your wishes.
- Include instructions in your will: You want to outline clear instructions about what you want done with each digital asset.
- Use platform tools: Many services let you assign a legacy contact or set up an inactivity plan. This can help automate the process for accounts after death.
The Challenges Families Face
Even with planning, families sometimes hit roadblocks. Accounts may be locked behind two-factor authentication, providers may require court orders, or passwords may have been forgotten. Cryptocurrency can be especially difficult to access. Without the private key, the funds are gone forever.
Planning ahead and integrating digital assets into your estate plan prevents unnecessary stress and the loss of cherished digital memories.
Don’t Leave Your Digital Life to Chance
Your digital life deserves the same planning as your physical one. A California probate attorney can help you make sure every account, photo, and digital asset is handled exactly as you wish. This can make things easier on your family when the time comes.
If you want to learn more about protecting those digital assets, reach out to California Probate. Whether you want to know how to distribute them or need assistance with handling a loved one’s assets, we are ready to help. Schedule a consultation today.