Ever considered what happens to your online accounts—like social media, banking, or treasured photo albums—after you’re gone? It’s easy to overlook, yet so important for our families. Imagine your loved ones trying to access your bank account for final expenses, only to face locked screens and missing passwords. In times of grief, these roadblocks can be painful, frustrating and time consuming to overcome.

At PayneLess Law, we’re here to make sure Arizona families cover all the essentials in estate planning, including digital assets. From my own experiences, I know the peace that comes with having clear instructions for everything, especially our digital presence. When my son died, it was important to our grieving to find his friends on social media and collect photos and videos. Arizona law is still evolving with online life. So, taking proactive steps in your estate plan helps save your loved ones stress—and protects what matters most.

What Assets Are Considered Digital Assets?

When we talk about digital assets, we mean any online or digital accounts and possessions you own. These can include:

• Bank and Financial Accounts: Checking, savings, and investment accounts managed online.
• Social Media Profiles: Facebook, Instagram, LinkedIn, TikTok, and Twitter accounts.
• Email Accounts: Personal and work email accounts.
• Cloud Storage: Google Drive, iCloud, Dropbox, or OneDrive accounts with stored files.
• Cryptocurrency Wallets and NFTs: Digital currencies like Bitcoin or collectible NFTs.
• Shopping Accounts: Amazon, eBay, Etsy, or other online retail accounts.
• Digital Photos and Videos: Those stored online, including social media galleries.
• Blogs and Websites: Any personal blogs, business websites, or domain names.
• Digital Purchases: eBooks, music, movies, or software that live online.
• Online Gaming Accounts: Accounts with in-game assets or virtual currency.
• Loyalty Programs: Rewards, points, or credits tied to accounts.

Each of these accounts holds financial, sentimental, or both, making it essential to include them in your estate planning.

Why You Should Include Digital Assets in Your Estate Plan?

Leaving digital assets unattended in an estate plan can result in a lot of confusion. Here are some reasons to consider including them in your estate plan:

1. Access and Management: An estate plan gives your trusted fiduciaries the legal authority to manage your digital assets. This means they’ll be able to:
   • Pay any outstanding bills
   • Close or transfer accounts
   • Notify online contacts or communities
   • Transfer ownership of any valuable digital property
2. Preventing Identity Theft: Unattended accounts can become prime targets for identity theft. Proper planning prevents this by ensuring accounts are closed, secured, or transferred.
3. Preserving Memories: For many of us, our digital photos, videos, and social profiles hold personal history. An estate plan can specify whether these should be shared, preserved, or kept private.
4. Financial Value: Some digital assets, like cryptocurrency wallets, domain names, or even certain online businesses, carry significant financial value. Including them in your estate plan protects your family’s rights to those assets.

In my own experience, sorting through digital assets can be particularly challenging if no instructions are left. After managing my own digital accounts and responsibilities post-divorce, after the deaths of my parents and 20 year old son (a heavy social media user like most kids these days), I realized how important it is to have everything organized, labeled, and accessible.

Arizona Laws on Digital Assets

Arizona has enacted the Revised Uniform Fiduciary Access to Digital Assets Act (ARS Section 14-13101 et seq), which allows a person to give legal authority to a fiduciary to manage their digital assets after death or incapacitation1. This law makes it easier for chosen fiduciaries to access, manage, and protect your digital legacy. It also provides procedures for custodians to disclose digital assets, including granting full or partial access to accounts.

How to Include Digital Assets in Your Will

It may feel like a big task to cover every digital asset, but here’s how you can make it easier:

1. Create an Inventory: Start with a list of your digital assets. For each account, in a secured file (preferable because passwords often change) or wallet keep the:
   • Username/account name
   • Password (stored securely)
   • Security questions/answers
   • Links to the website or platform
   • Location of any digital files stored on personal devices
2. Use a Password Manager: Using a password manager can simplify this process by safely storing your login details and allowing your designated executor to access them.
3. Make Specific Bequests: If you have particular wishes, like passing on a digital photo collection to a family member or transferring a blog to a friend, outline this in your estate plan. Specify who will receive each asset and any instructions for its management or sharing.
4. Consider Arizona’s Legal Rules: Arizona follows the Revised Uniform Fiduciary Access to Digital Assets Act, which grants certain rights to executors or designated representatives. However, each platform can have its own rules, so it’s still wise to include detailed instructions.
5. Appoint a Digital Executor: In addition to your main executor, you can name someone specifically for digital assets, particularly if they’re more tech-savvy. This person can ensure your digital legacy is handled according to your wishes.

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Beyond the Estate Plan: Additional Steps

Digital assets often require more than just listing them in a estate plan documents. Here are a few steps to take for added security:

Review Terms of Service

Every platform has different rules about access after death. Some offer legacy options allowing users to designate someone to manage their account in the event of their passing.

Use a Password Manager

Keeping login information secure yet accessible to your trusted executor can save time and effort. A password manager not only organizes your information but allows you to set up emergency access for someone you trust.

Regular Updates

As you add or change online accounts, update your digital asset inventory and your estate plan. Consider reviewing it annually.

Address Privacy Concerns

Some people feel uneasy about granting access to private accounts. Address this by deciding what specific information each executor or beneficiary can access.

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Secure Your Digital Legacy Today

Your digital presence holds a lifetime’s worth of memories, achievements, and connections. As more of our lives move online, it becomes essential to make digital assets a part of estate planning. We invite you to reach out to PayneLess Law to discuss how to ensure your digital legacy is managed thoughtfully, with care and clarity.With years of experience and a personal understanding of the importance of a well-prepared estate, I’m here to help protect what you’ve built, both online and offline. Contact us at 480-420-7199 to schedule a consultation, and let’s make sure your digital legacy remains just as intentional and protected as your physical one. Together, we’ll craft a comprehensive estate plan that covers your digital and physical legacy, leaving your loved ones with peace of mind and a clear path forward.