Introduction

In the modern age, our lives are interconnected with various digital accounts and assets. Crafting a digital estate plan is essential to ensure a seamless transition of your online presence to your loved ones after you are no longer around.

Digital estate planning plays a key role in determining the fate of your digital assets following your demise, especially in compliance with laws like the RUFADAA. Developing a digital estate plan is crucial to grant your family access to your digital possessions in case of your passing.

RUFADAA operates on a three-tier process to grant access to digital assets:

- Tier One: Some service providers offer tools to direct the fate of your assets post-mortem.

- Tier Two: Legal documents of the account holder govern the assets if no direct tool is accessible.

- Tier Three: In cases of no designated tools or legal documents, access to accounts aligns with the service provider's terms of service.

Before crafting an estate plan, understanding your digital assets is vital. Your digital estate encompasses a range of accounts and assets such as social media, emails, photos, cryptocurrency keys, intellectual property files, loyalty programs, utility and banking accounts, and online gaming and store accounts. Notably, electronic accounts are considered digital assets, whereas the actual money in these accounts or cryptocurrencies is not.

Creating a digital estate plan involves the following steps:

1. Catalog all digital assets including account details using a password manager or document.

2. Determine the management of each digital asset—including archiving or deletion upon your passing—and align your intentions with platform policies.

3. Appoint a digital executor separate from your traditional estate executor and clarify their roles and responsibilities. Mention this executor in your will.

4. Safeguard your digital estate plan in a secure location for accessibility, ensuring your digital executor can execute your wishes effectively. Consider using digital estate planning platforms like Estate Guru, Clocr, and Trust & Will for organization and assistance.

In non-RUFADAA states, formalizing your digital estate plan through a legal document like a codicil or appointing professional guidance is recommended to manage your digital property effectively.