Today, nearly every part of life exists online—from banking apps and photos to cryptocurrency and cloud storage. When you pass away, your loved ones will need access to those accounts and files, but without a plan, they could face locked accounts, lost memories, and frustrating delays. A digital estate plan helps protect those assets just like a traditional will protects property or finances.
Understanding Florida’s Approach to Digital Estates
In Florida, the Florida Fiduciary Access to Digital Assets Act (FFADAA) gives executors limited rights to handle digital property—but only if you’ve clearly authorized it. That’s why it’s essential to organize your accounts and document consent properly.
When you create your estate planning documents, you must not neglect your digital assets. To grant access legally, you must:
- Authorize digital management in your will, trust, or power of attorney.
- Name a person or fiduciary responsible for those assets.
- Follow service-specific rules. Some companies require you to use their legacy tools to provide access.
Without those steps, companies may deny entry—even to close relatives—due to federal privacy laws, such as the Stored Communications Act.
Why Digital Planning Matters
Digital assets often hold both sentimental and financial value. Social media pages contain personal history, while investment accounts and online businesses hold real worth. Yet, digital information is usually protected by passwords and privacy laws. Without specific instructions, even close family members may not have legal authority to access your data.
Start With a Digital Asset Checklist
Your plan starts with making a list of everything you have online. Write down every account and digital asset you use, such as:
- Financial accounts: Banks, PayPal, Venmo, investments, crypto
- Email: Personal and work accounts
- Social media: Facebook, Instagram, LinkedIn, TikTok
- Subscriptions: Streaming, shopping, memberships
- Cloud storage: Google Drive, iCloud, Dropbox
- Business assets: Websites, domains, blogs, monetized pages
- Personal files: Photos, videos, documents, artwork
Create your list in a secure document or password-protected spreadsheet. Include the purpose of each account and how to access it.
Documenting Access and Permissions
Next, decide how to securely pass on access. Avoid writing usernames or passwords directly in a will, as they become public record after probate. Instead, use one of these options:
- Password manager export: Store login credentials in an encrypted password manager that allows for emergency access.
- Secure digital vault: Services like Google’s Inactive Account Manager or Apple’s Legacy Contact let you designate trusted users.
- Offline record: Keep a printed inventory in a locked safe with clear instructions on where to find passwords or encryption keys.
Designate at least one “digital executor”—someone you trust to manage your online affairs. Florida law recognizes a digital executor if your estate documents explicitly grant that authority. Otherwise, even a named executor may face roadblocks when dealing with tech companies.
Keep Your Plan Current
Technology changes quickly, and your digital estate plan should keep up. Review it once a year or whenever your life changes—such as when you get married, divorced, or open new online accounts. Make sure your list of digital assets is current, your passwords still work, and all contact information is up to date.
Also, consider how your digital presence should continue. Do you want to memorialize your social profiles or have them permanently deleted? Should someone continue to manage your business website or online shop? Outline your preferences clearly to prevent confusion.
Organize and Protect Your Digital Legacy
Digital estate planning helps protect your memories and assets. A clear checklist, secure passwords, and a trusted executor make it easier for loved ones to manage your affairs under Florida law.
If you need help documenting your digital wishes or drafting a will that conforms with state requirements, contact the Law Offices of Jeffrey A. Herzog, P.A., in Palm Harbor, Florida. Our team can guide you through each step so your online life is protected and accessible when it matters most.