Digital Assets After Death: What Executors May Access

Much of daily life now happens online: email, photos, bank and payment apps, social media, subscriptions, and files stored in the cloud. When someone dies, the person handling the estate often finds that these accounts are harder to deal with than paper records. Passwords are unknown, two-step logins go to a phone nobody can open, and companies have their own rules. This guide explains the issues in general terms and how to plan ahead.

What counts as a digital asset

There is no single list, but people often think of digital assets in a few groups:

• Accounts with money or value: online bank and brokerage accounts, payment apps, store credit, rewards points, and digital currency.
• Communications: email, text and chat messages, and social media accounts.
• Stored content: photos, videos, documents, and music in the cloud or on devices.
• Business and income accounts: online stores, websites, domain names, and accounts that pay royalties or ad income.
• Subscriptions and memberships: streaming, software, and other recurring charges.

Some of these have clear financial value. Others matter mostly to the family. Both kinds can need attention.

Why access is not automatic

An executor or personal representative usually has authority over the estate once a court appoints them, under state law. But an online account is also governed by the company's terms of service, by privacy laws, and sometimes by computer access laws. As a result, having authority over the estate does not always mean an executor can log in, read messages, or download everything.

In general terms, the answer often depends on:

• what the person said in a will, trust, power of attorney, or an online tool the company provides;
• the company's terms and process for deceased users;
• state law, which may set rules on fiduciary access to digital assets; and
• the type of information, since the content of private messages is often treated differently from a list of accounts or a balance.

Many states have passed laws on this topic, but the details vary. A lawyer can tell you what your state allows.

A caution about logging in with a password

Families sometimes have the password and simply sign in. This can feel like the easy route, but it may conflict with a company's terms, and in some situations it can raise other legal questions. It can also cause practical problems, such as triggering security locks. Before using someone else's login, ask the estate's lawyer whether it is appropriate in your situation.

First steps for the executor

Some practical steps apply in most estates. USAGov's page on agencies to notify when someone dies recommends reporting the death to banks, credit card companies, credit bureaus, and other financial organizations, and contacting utilities and places where the person had memberships and subscriptions. It also explains that returning the person's passport to the Department of State for cancellation helps prevent identity theft.

For digital assets specifically, it usually helps to:

1. Make a list. Look through paper mail, bank and card statements, and email (if lawfully accessible) for signs of accounts and recurring charges.
2. Secure devices. Keep phones, computers, and drives safe. Do not wipe or reset them.
3. Get certified death certificates. USAGov's death certificate page explains that a certified copy is often needed for closing or transferring bank and credit card accounts, while a photocopy may be enough for tasks such as canceling a subscription.
4. Use each company's process. Many companies have a form or help page for deceased account holders. Expect to provide proof of death and proof of your authority.
5. Stop charges. Cancel subscriptions that are no longer needed to protect estate funds.
6. Watch for fraud. Identity thieves sometimes target recently deceased people.

Accounts with money in them are part of the estate and are handled like other assets. If something cannot be found, USAGov's unclaimed money page explains that heirs can sometimes claim money owed to a deceased relative through the state's unclaimed property office.

Tax records may be online too

USAGov's page on reporting a death also notes that the person's final income tax return or returns must be filed. If statements and tax forms were delivered electronically, the executor may need access to those records. That is another reason an orderly list of accounts helps.

How to plan ahead for your own accounts

You can make things much easier for your family:

• Keep an inventory of your accounts, with where they are and what they are for. Store it safely and tell a trusted person how to find it.
• Use the tools some companies offer to name someone who may manage or receive data after your death.
• Address digital assets in your estate plan. Your will, trust, and power of attorney can include language about digital assets. Ask a lawyer what wording your state recognizes.
• Think about what should be deleted. Some people want private messages or files closed rather than shared. You can state your wishes.
• Do not put passwords in your will. A will may become a public record after death. Ask a lawyer about safer ways to share access information.
• Review regularly. Accounts change often.

An estate planning lawyer can help you fit these steps into a full plan. Our estate planning practice page explains more about this area.

Frequently asked questions

Can an executor read the deceased person's email?

It depends. State law, the company's terms, and what the person allowed during life all matter. Often an executor can learn that an account exists or close it, while access to message content may be more limited.

Do digital photos and files belong to the estate?

Files the person owned can be part of the estate, but getting them from a company's servers depends on its process and the law. Devices in the home are usually easier to deal with than cloud accounts.

What about digital currency?

If no one can access the keys or account, the value may be lost. Clear records and planning are especially important for these assets.

Should I close every account right away?

Not always. Some accounts hold money, records, or photos the family may need. Make a list first, then decide.

Related: Browse guides on legal topics.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.