Digital assets and your legacy: Have you prepared your estate plan with technology in mind?

Oct. 22, 2025

This piece is sponsored by Woods Fuller.

By Joseph E. Snyder, Woods Fuller attorney

Thanks to technology, your estate is no longer just your house, investments, money, keepsakes, or personal belongings. It includes everything you own or manage online and on your devices, such as your phone or computer, which are referred to as digital assets.

Digital assets are easily overlooked when you create a will or trust, but they can have a significant impact on your estate plan. Therefore, it is important to create a plan for your digital assets.

Digital assets are, essentially, anything you own or use online (or on a device). These include:

  • Photos and videos on your phone, computer, in cloud storage (like Google Photos, Google Drive, iCloud, etc.), or an external hard drive.
  • Files like emails, financial documents, business records (and basically anything else) saved on your computer or in cloud storage.
  • Any cryptocurrency, like Bitcoin or Ethereum.
  • NFTs (nonfungible tokens), which can represent ownership of digital items like art, music, and other collectibles.
  • Domain names, like website URLs you’ve registered.
  • Social media profiles, like Facebook, LinkedIn, X (formerly Twitter), Instagram, TikTok, and Twitch.
  • Content creation accounts, such as a YouTube account where you post videos. TikTok, Twitch, and other platforms could also be considered content creation accounts.
  • Affiliate marketing accounts, like with Amazon, Google, or ClickBank, where you earn money by promoting products.
  • E-commerce accounts, such as Etsy or Shopify, where you typically sell products yourself.
  • Backups of your devices, such as your phone or computer.

As you can see, it is possible to have a significant number of digital assets. Some digital assets can be fairly valuable and generate income – think cryptocurrency, YouTube channels, E-commerce accounts, affiliate marketing accounts, and “influencer” accounts on Instagram, Twitch, TikTok, and similar platforms. Such assets can make up a sizeable part of your estate, and for some, are the most valuable parts. Other digital assets, such as pictures, email accounts or business records may not have monetary value, would be impossible to replace if lost.

With that in mind, here are three pointers to consider when creating a plan for your digital assets:

  1. Make a list, check it twice. Make a list of every online account you have. You should include things like email, banking, social media, cloud storage, etc. If you have to log in to it, add it to the list. For business owners, don’t forget to include things like spreadsheets, customer files, online records, and databases. This information won’t just be helpful for you; it will be important for your estate plan and any business succession plan you end up creating. If it exists or is present online in any way, or involves digital information, add it to the list. Provide a copy of the list to your attorney and other people you trust, like your power of attorney, personal representative, or trustee. Doing so will help make sure they have what they need to step in and help with your digital assets when the time comes.
  1. Choose someone to be your Digital Fiduciary (or “Cyber Successor”). You should pick someone you trust to handle your online accounts and business if something happens to you. This person may be someone you’ve already named in your estate planning documents (, like your power of attorney, trustee, or executor. Keep in mind that access to digital assets does not happen automatically. It is controlled by state law and each company’s rules (like Google, Apple, Facebook, etc.). Keep your login information stored safely and consider using the tools offered by some companies, like Google’s Inactive Account Manager or Apple’s Digital Legacy, so that whoever you choose can step in quickly and legally.
  1. Have the right tools in place to record and carry out your wishes. Depending on your situation, you could put some of your digital assets in a trust or give someone access to them through a power of attorney. We can help you figure out how to protect your digital assets, pick the right people to manage them, and make sure they’re accessible when needed. Laws regarding digital assets are frequently changing, so even if you’ve done some planning already, it’s a good idea to review your plan every so often and update it if needed.

Planning for your digital assets can sound like a lot of work. However, the worst thing you can do is nothing. If you don’t plan, you could lose important items like digital family photographs or videos, or your business could be seriously disrupted.

If the thought of this is overwhelming or you are unsure where or how to start, don’t worry. The Estate Planning practice group at Woods Fuller is here to help. We can guide you through the process of finding, organizing, and protecting your digital assets, so you can feel confident that everything is taken care of.

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Digital assets and your legacy: Have you prepared your estate plan with technology in mind?

Who inherits everything you own or manage on your electronic devices? If you’ve not considered it, it’s time to integrate digital assets into your estate plan.

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