Digital Estate Planning in CA: Crypto, Digital Assets, and Online Accounts

Your Digital Footprint: It’s More Than You Think

If you use email, have social media, store photos online, or own cryptocurrency, your digital life might be one of your most valuable and complicated assets. When planning your estate in California, these “digital assets” need just as much attention as your home, car, or investment accounts.But who gets your digital stuff when you’re gone? And how can you make things easier for your loved ones (and harder for hackers or scammers)? California now has clear laws, but the process still takes thoughtful planning.

What Counts as a Digital Asset?

Think beyond just online banking. Digital assets come in many forms, including:

• Cryptocurrency: Bitcoin, Ethereum, Dogecoin, NFTs, and more
• Online bank and investment accounts
• Email accounts: Like Gmail, Outlook, Yahoo, etc.
• Social media profiles: Facebook, Instagram, LinkedIn, TikTok, Twitter/X
• Online payment/commerce: PayPal, Venmo, eBay, Etsy, Shopify
• Cloud storage: Google Drive, iCloud, Dropbox
• Subscription accounts: Netflix, Spotify, Amazon Prime
• Digital photos and videos holding family memories or creative work
• Digital business assets: Domains, websites, blogs, online store data

If you value it or it could create headaches for your family, it should be covered.

California’s Law: RUFADAA in Plain English

California adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which gives your trusted person (executor or trustee) the right to access most digital assets—but only if you give explicit permission in your estate planning documents.Key points:

• Your executor/trustee needs clear, specific, written authorization in your trust, will, or power of attorney.
• Without it, companies (Google, Meta, Apple, banks) may refuse access or even destroy accounts.
• Some platforms offer “online tools” that let you set who manages your account after you’re gone—these settings often override your will or trust.

Translation: If digital assets matter to you, update your plan and use in-app settings!

Crypto and Digital Wallets: Handle With Extra Care

Cryptocurrency assets—Bitcoin, Ether, Solana, and even NFTs—are not like bank accounts! Without the right private keys or passwords, these assets can be lost forever. No 1-800 number, no “reset password” option, and no way to appeal to the courts or IRS.Best practices for crypto owners:

• List your wallets, exchange accounts, and keys in an inventory (more on that below).
• Use a secure password manager or physical backup (like a hardware wallet) that your executor can access if needed.
• In your trust or will, name someone who understands crypto—or give clear instructions for hiring help.
• Consider storing instructions or keys in a bank safe deposit box or a secure estate planning vault.

Building a Digital Estate Plan: The Must-Dos

1. Inventory Your Digital Assets

Make a simple (but thorough) list:

• All platforms, accounts, and assets: online banking, social media, crypto, cloud files, etc.
• Store access info: usernames, 2FA devices, backup emails, and (if safe) passwords or instructions.
• Update this list often, and keep it somewhere safe—but where your executor can eventually find it!

2. Name a Digital Executor

This person does not have to be your main executor, but they can be. Choose someone you trust, who is tech-savvy enough to handle your digital life.Include their authority and specific instructions in your trust or will (“I authorize [Name] to access, manage, and close my online accounts, including cryptocurrency wallets, in accordance with California law and all applicable privacy regulations.”)

3. Use Platform Tools

• Facebook: Set your Legacy Contact.
• Google: Use the Inactive Account Manager to pick who gets data if you’re inactive.
• Apple: Add a Legacy Contact in your Apple ID settings.
• For exchanges (Coinbase, Binance, Gemini), review their own policies.

Remember, your settings on these accounts—done through the site/app—can override what’s in your will or trust.

4. Write Clear Instructions

Specify:

• Which accounts should be closed, memorialized, transferred, or archived?
• What happens to your photos or business sites?
• Do you want digital assets liquidated, transferred, or passed on as is?
• Preferences for social media (memorialize or delete?)

5. Secure Your Passwords & Access

• Use a secure, encrypted password manager; leave instructions behind.
• If you write passwords on paper or use a physical device, tell your executor exactly where it is.
• NEVER email sensitive info or store keys/passwords in plain text.

Out-of-State and International Considerations

• Own property or digital assets outside California or the U.S.? The laws get trickier. For crypto and online accounts held by overseas firms, your California estate documents may not be enough. Probate laws vary state-by-state, and assets located in other states may require ancillary probate unless they’re held in trust.
• “Own property in another state? You may need additional documents to avoid out-of-state probate.”
• For digital assets, things get extra complicated:
  • Digital property stored with non-U.S. providers or governed by foreign law may not be subject to RUFADAA or California probate authority. Even if you have the right U.S. documents, access could be blocked by another country’s laws or company terms.
• If you own real estate, crypto, or other assets outside California or the U.S., consider appointing local counsel, updating your trust to include separate directives, or exploring international solutions for those holdings.

Platform Policy Differences

• Some platforms offer NO access or transfer after death—Twitter/X, for example, may simply deactivate.
• Others allow full transfer (with proper proof); most require a death certificate and court or legal documents.
• NFTs, domain names, online businesses: Check service contracts and terms of use. Sometimes, SMART CONTRACTS control crypto/NFT transfer rights, not just your legal paperwork.

Best Practices For 2025 (And Beyond)

1. Review Your Digital Plan Every Year. Technology, platforms, and laws change fast—make an annual update part of your estate planning checklist.
2. Don’t rely on “DIY” alone. The law favors well-documented wishes, and an attorney can add peace of mind—especially with crypto or business interests.
3. Keep privacy in mind. Only share your access information with your digital executor. Don’t put sensitive info in your will (which may become public).
4. Talk to your loved ones. Let them know you have a digital estate plan, who’s in charge, and how to get started if you’re gone.

CA Court and Legal Updates: What’s New?

• California courts now recognize digital asset clauses in wills and trusts under RUFADAA (CA Probate Code §§870–884).
• Most recent cases favor granting access—with clear written permission—but deny families when estate plans are vague or silent on digital assets.
• Major platforms have added or improved “after death” tools for user management—they’re no longer optional for digital legacy planning.

For Our Chinese-Speaking Clients

Need digital estate planning help in Chinese? Our firm offers compassionate, bilingual support. Visit our resources page for guides, or contact us for a consultation in your preferred language.

Keep Your Digital Legacy Safe—For Them, and For You

The digital part of your estate is growing every year, and so are the risks of leaving it unplanned. Setting up a smart digital estate plan is not just a gift to your loved ones—it’s a powerful step for protecting your values, memories, and hard-won assets, no matter what the future holds.Have questions? Ready for a no-pressure review? Schedule a digital estate checkup with our team.