Probate law is rapidly evolving—and one of the most pressing trends of 2025 is the need to properly plan for digital assets. Think beyond the traditional will: in today’s world, crypto holdings, social media accounts, digital subscriptions, NFTs, and online financial data are increasingly recognized as vital pieces of an individual’s estate.
Why Digital Assets Matter in Probate Today
1. The digital footprint is expanding fast. As more of our lives move online, digital assets form a significant part of one’s estate. It’s no longer just about real estate and bank accounts—your digital presence and digital investments are on the checklist.
2. Legal frameworks are catching up. Many states have adopted versions of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which grants fiduciaries, like executors or personal representatives, legal access to digital assets—if explicitly authorized in planning documents.
3. Probate courts and planners are adapting. Recent law firm discussions emphasize:
-
Designing a digital executor role,
-
Maintaining an inventory of digital assets with credentials and instructions,
-
Addressing data privacy, encryption, and secure access strategies.
What You Should Include in Your Estate Plan Right Now
-
Appoint a Digital Executor. Choose someone who understands technology and can follow your instructions for digital assets.
-
Create a Digital Inventory. List accounts—social media, crypto wallets, cloud storage, subscriptions—along with login details and management instructions.
-
Include Clear Instructions in Legal Documents. Ensure your will, trust, or power of attorney explicitly grants access and authority to your digital executor in compliance with laws like RUFADDA.
-
Secure the Information. Use encrypted storage, password managers, or a secure physical location to keep sensitive credentials accessible—and safe.
-
Update Regularly. Digital assets evolve quickly; revisit your inventory and designations annually or whenever you change major accounts or platforms.
Why Acting Now Is Critical
According to a recent TIP from Kiplinger, 55% of Americans still lack any estate documents, and only 31% have a will—down from 46% in 2021. Meanwhile, legal frameworks for digital assets continue to expand, making now the perfect time to act. Kiplinger
Key Takeaways
-
Digital asset planning is no longer optional—it’s essential.
-
Legal protection (like RUFADDA) exists, but you must proactively designate a digital executor in your documents.
-
A clear, secure inventory and explicit instructions make probate smoother for those handling your estate.
