Digital Estate Planning in New York: Protecting Your Online Life

Ten years ago, few people thought about what would happen to their email, photos, or social media after they passed away. But in today’s connected world, your online accounts are part of your legacy.

From banking apps and investment platforms to personal photos and cloud storage, digital assets hold both emotional and financial value. Yet, many New Yorkers don’t realize these assets are often inaccessible to loved ones without a proper digital estate plan.

At Anastasio Law Group, we help families plan not only for their tangible assets, like homes and bank accounts, but also for their digital ones. Here’s how to ensure your online life is protected under New York law.

What Counts as a “Digital Asset”?

Digital assets are any online or electronic records that have personal, social, or financial value. These assets can include:

• Email accounts (personal or business)
• Cloud storage (Google Drive, Dropbox, iCloud)
• Online banking and investment accounts
• Cryptocurrency and NFTs
• Social media profiles (Facebook, Instagram, LinkedIn)
• Online subscription or loyalty programs (Amazon, airline miles, etc.)
• Digital intellectual property like eBooks, designs, or websites

Even if these assets aren’t physical, they still represent part of your identity, and can carry real financial worth.

Why Digital Assets Can Be Difficult to Access

Most online platforms are designed to protect privacy, even after death. That means your loved ones could face barriers trying to access your accounts.

Without legal authorization:

• Companies like Google, Apple, and Meta may refuse to share data.
• Passwords, two-factor authentication, and encryption can make recovery impossible.
• Cryptocurrencies can be lost permanently if access keys aren’t shared properly.

Under New York’s Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), executors and agents can only access digital property if the account owner explicitly gives them permission. That’s where digital estate planning comes in.

What Is Digital Estate Planning?

Digital estate planning involves organizing and authorizing access to your online accounts and digital property after death or incapacity.

In New York, this typically includes:

• Listing all your digital assets (from social media to crypto wallets).
• Designating a digital executor, someone responsible for managing those assets.
• Providing clear legal authorization through your will, trust, or power of attorney.
• Outlining instructions for how you want each account handled, deleted, memorialized, or transferred.

By taking these steps, you ensure your online life is treated with the same care and clarity as your physical assets.

How to Create a Digital Estate Plan in New York

Every estate plan is unique, but here are the key steps most New Yorkers should follow:

1. Take Inventory of Your Digital Assets

Make a list of your online accounts, devices, and passwords. Include:

• Financial accounts (banks, investments, crypto)
• Personal accounts (email, photos, social media)
• Work-related tools or intellectual property

Use a secure password manager or encrypted file and make sure your attorney knows how it can be accessed.

 2. Name a Digital Executor

A digital executor manages your online presence after you’re gone. This person can close accounts, recover files, or transfer ownership.
Under New York law, you can authorize this role in your will or trust.

3. Grant Legal Access

Without clear authorization, even your closest family may be locked out. Add digital asset clauses to your will, trust, and power of attorney to comply with RUFADAA.

4. Leave Clear Instructions

Decide what should happen to each account:

• Should your Facebook profile be memorialized or deleted?
• Should your crypto wallet be transferred or liquidated?
• Should your online business or domain names continue to operate?

The Legal Framework: RUFADAA and Your Rights

New York adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) in 2016, aligning the state with modern privacy laws.

This law gives executors, agents, and trustees limited rights to access digital assets, but only if you grant permission in writing.

Here’s what you should know:

• You can use a “digital directive” to specify who can access your accounts.
• Online platforms often have their own tools (like Google’s Inactive Account Manager or Apple’s Legacy Contact feature).
• Without explicit permission, companies are not required to share data, even with a court order.

That’s why integrating digital directives into your estate plan is critical.

Why Digital Estate Planning Matters for Businesses

If you own a small business or professional practice in New York, your digital assets may be among your most valuable. Client databases, email archives, and websites are all critical to continuity.

Without access, your employees or heirs might lose vital records or face interruptions that affect income and reputation.

A digital estate plan for business owners should include:

• Access to professional accounts, software, and client portals
• Website logins and hosting details
• Social media credentials for brand pages
• Cloud storage with contracts or project files

Protecting Your Online Legacy Starts Today

Your digital life is part of your story, and it deserves the same care as your home, savings, and personal belongings. By creating a digital estate plan now, you’re giving your loved ones the tools to honor your wishes, access what they need, and keep your legacy secure in a modern world.

At Anastasio Law Group, we’ll guide you through every step, from traditional wills to digital directives, with compassion and clarity. Schedule your free 15-minute consultation with Michael Anastasio to protect your online and offline legacy today.