What happens to your digital assets when you die?
What happens to your digital assets when you die?
When you say “estate,” you probably automatically think of a home, bank accounts and personal belongings. But did you know that your social media profiles, email and cryptocurrency are also part of your estate? In New York, specific laws have been established to protect these digital assets after you pass away.

What are digital assets?
Digital assets encompass any online account or electronic record you own. Some common examples are:
- Online baking and investment accounts
- Digital wallets
- Cryptocurrency
- Website and domain names
- Email and social media accounts
- Subscription services and Cloud storage
Without adequate planning, these assets will be permanently inaccessible to your loved ones. Estate planning enables you to decide which digital assets your executor can access and which should remain private, such as social media or personal email accounts.
What does New York law say about accessing a decedent’s digital assets?
New York law allows your executor to manage your digital assets after you die. However, since the law protects your privacy, access levels vary depending on what you authorized in your estate planning documents.
Under New York’s digital asset law, your executor can request what’s called a “catalogue of electronic communications” from email providers and other custodians. This catalogue includes the names and email addresses of people you communicated with, along with the dates and times of those communications. This helps your executor identify creditors, business contacts, or others involved in your estate.
However, your executor cannot read the actual content of your emails, text messages, or private social media messages unless you explicitly grant permission in your will, trust, or power of attorney. This ensures your personal communications remain private unless you choose otherwise.
What steps should you take to protect your digital assets?
Consider taking the following steps to ensure your loved ones can access only those you allow them to:
- Listing your online accounts and passwords
- Clarifying that you are granting access to digital assets in your will
- Assigning legacy contacts on platforms like Google and Facebook
- Storing login credentials securely with your estate planning documents
Failing to plan for your digital assets can delay estate administration and may even result in the permanent loss of your valuable or sentimental information.
The importance of planning ahead
Digital assets are now part of everyday life, so it’s crucial not to forget about including them in your estate plan. When you have virtual assets such as cryptocurrency holdings or a large amount of funds in your online bank account, you probably want your loved ones to be able to use them. By planning ahead and seeking legal guidance, your loved ones may receive what is rightfully theirs.
