Digital Assets and Estate Planning in Florida

Today, more of our lives exist online than ever before. From email and social media to cryptocurrency, cloud storage, and online banking, digital assets can hold financial value, sentimental value, or both. Yet many Florida estate plans still overlook them, creating problems for loved ones when access is needed most. Florida law gives fiduciaries a pathway to access digital assets, but only when the proper authority is included in the estate plan.

What Are Digital Assets?
Digital assets are any accounts, files, records, or property stored electronically. Common examples include email accounts, social media profiles, photos stored in the
cloud, online businesses, websites, financial apps, and cryptocurrency wallets. Some digital assets are purely sentimental, such as family photos or messages, while others may have real monetary value, such as Bitcoin, domain names, or online investment accounts.

A common mistake is assuming that access will automatically pass to a spouse, child, or personal representative. In reality, access can depend on the terms of service for the platform and whether the person managing the estate has been given clear legal authority.

Florida Law and Access Rights
Florida has adopted laws that address fiduciary access to digital assets, including the Florida Fiduciary Access to Digital Assets Act. Under these rules, a personal
representative, trustee, agent under a power of attorney, or another fiduciary may be able to access digital assets, but only if the estate planning documents and the account settings support that access.

That means a will or trust should not simply name a fiduciary and stop there. The documents should specifically authorize access to digital assets and, where
appropriate, grant permission to retrieve, manage, or close accounts. Without that express language, family members may face delays or be blocked entirely from
accessing important accounts.

Steps to Protect Digital Property
The best first step is to create a detailed inventory of all digital assets. This list should include account names, the type of asset, where it is stored, and any instructions for handling it.

Next, decide who should manage those assets. Many families choose a trusted spouse, adult child, or professional fiduciary who is comfortable handling online accounts and technology. You may also want to provide different instructions for different assets, such as preserving family photos, closing old accounts, or transferring a website or business.

For sensitive information such as passwords or recovery codes, store them securely rather than placing them directly in your will.

Tools and Documents to Use
Florida estate plans should address digital assets in the same core documents used for other property. That typically includes the will, revocable trust, and power of attorney. These documents can grant the fiduciary authority to access and manage electronic records, subject to applicable law and platform rules.

You should also take advantage of online legacy tools offered by major providers. Some platforms allow you to name a legacy contact, choose an inactive account manager, or set post-death instructions in advance. These settings can make administration easier and reduce the chance of disputes.

Special Attention for Crypto
Cryptocurrency and other blockchain-based assets deserve special planning because access often depends on private keys, seed phrases, or recovery methods that only the owner knows. If those credentials are lost, the asset may be unrecoverable even if it has substantial value.

For that reason, crypto holdings should be listed separately and stored with careful, secure instructions for the person who will manage the estate. In many cases, a digital asset plan should include both legal authority and practical access information.

Updating the Plan
Digital property changes quickly. New accounts are created, old ones are closed, and passwords or authentication methods change over time. A digital asset inventory should be treated like a living document and reviewed regularly as part of the estate planning process.

For Florida residents, the safest approach is to coordinate digital asset planning with the rest of the estate plan. That way, your fiduciary has the authority, your family knows where to find important information, and your digital legacy is handled according to your wishes.

Digital assets are no longer optional in estate planning. In Florida, a thoughtful plan can help protect access to important accounts, reduce confusion for loved ones, and preserve both financial and sentimental value. The key is to inventory the assets, name the right fiduciary, and give clear written authority in the estate plan.