The way we live has changed—and so has the way we leave things behind. When someone we love dies, we often expect to sort through physical items: letters, photos, bank statements. But today, many of those items exist only online. A shared Dropbox folder full of family pictures. A Venmo account with unclaimed funds. A blog, a YouTube channel, or cryptocurrency tucked into a forgotten wallet. These are digital assets, and for Minnesota families going through probate, they can be the most emotionally charged—and the most confusing—part of the process.
Planning for digital assets isn’t just about money. It’s about preserving memories, protecting legacies, and making sure families aren’t left scrambling in a time of grief. At Waldron Law Offices, we help clients create thoughtful, compassionate estate plans that reflect the reality of the digital world we live in.
What Are Digital Assets?
Digital assets include anything you store, own, or access online. This can be:
- Email accounts and cloud storage (like Gmail, iCloud, Dropbox)
- Social media accounts (Facebook, Instagram, Twitter, TikTok)
- Financial accounts (PayPal, online banking, Venmo, investment apps)
- Cryptocurrencies and NFTs (Bitcoin, Ethereum, etc.)
- Online business platforms (Shopify stores, domain names, blogs)
- Subscription services (Netflix, Amazon, photo storage, etc.)
- Sentimental content (videos, writings, family photos)
Some of these have monetary value. Some don’t—but they’re emotionally priceless. Tangible digital assets (like hardware wallets or drives) can be easier to track. Intangible ones (like cloud accounts) are harder to access, especially without clear instructions.
How Does Probate Handle Digital Assets in Minnesota?
Minnesota follows the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This law gives executors or attorneys-in-fact limited rights to access a person’s digital assets after death—but only if certain conditions are met.
Under RUFADAA, a person must explicitly authorize access to digital accounts in their estate planning documents (like a will, trust, or power of attorney). Without that written permission, even your closest family members may not be able to legally access your digital life.
Platforms like Google and Facebook may also have their own internal tools—such as Google’s “Inactive Account Manager” or Facebook’s “Legacy Contact.” These settings can override instructions in your will, so it’s important to align both.
Why Digital Assets Can Cause Probate Delays
When someone dies without a digital asset plan, probate becomes significantly more complicated. Even when families have a legal right to manage an estate, gaining access to digital accounts can be a nightmare.
The most common challenges include:
- Passwords and 2-Factor Authentication: Without login credentials or recovery options, many accounts remain inaccessible.
- Platform Restrictions: Each company has different policies for releasing account data. Some require court orders, others refuse entirely.
- Ownership Disputes: It’s often unclear who “owns” content—especially if it’s shared, monetized, or housed on another platform.
- Time Sensitivity: Digital content may be deleted after a period of inactivity. Precious memories and essential data can vanish before families even know it’s gone.
Grieving families shouldn’t have to fight tech companies while trying to honor a loved one’s memory. Planning ahead can prevent that heartache.
Including Digital Assets in Estate Planning
The good news is that digital asset planning doesn’t have to be complicated—it just needs to be intentional. Here are steps Minnesota families can take:
- Create a Digital Inventory: List all your digital accounts, platforms, subscriptions, and cryptocurrency holdings. Note where they’re held, what they contain, and their value or importance.
- Name a Digital Executor or Provide Digital Powers: In Minnesota, you can name someone in your will or power of attorney to handle your digital affairs. Be clear about what access they should have.
- Secure (and Share) Passwords Safely : Use a password manager or encrypted document. Make sure someone you trust knows how to access it if something happens to you. Never list passwords in your actual will, as it becomes public after probate.
- Align Online Settings with Your Wishes : Use built-in tools offered by platforms (like Google’s or Facebook’s legacy tools) and make sure your preferences match your legal documents.
- Talk to Loved Ones: Let your family know what you’ve planned and where to find the information. They’ll be grateful when the time comes.
Risks of Not Planning for Digital Assets
The cost of ignoring digital assets isn’t just financial—it’s emotional.
Without clear planning, families can lose:
- Access to funds stored in online banks, apps, or crypto wallets
- Family heirlooms, like photos, voice messages, or unpublished writing
- Control over online presence, including profiles that live on in confusing or painful ways
- Time and energy, spent on legal battles, court orders, or endless customer service calls
For some, it even leads to fractured relationships—disagreements over who should have access to emails, or who gets control of a blog or small online business. These arguments are preventable.
Local Legal Resources and Advice
In the Twin Cities and across Minnesota, it’s becoming increasingly important to work with estate planning attorneys who understand the digital landscape. At Waldron Law Offices, Ltd., we guide families through the process of managing and protecting digital assets with sensitivity and care.
Whether you’re updating an existing estate plan or starting from scratch, we’re here to help you build a plan that honors your legacy—both online and off.
FAQ
Do digital assets go through probate like physical property?
Yes—if they have value and aren’t otherwise accounted for, they’re subject to probate. That includes digital financial accounts, cryptocurrencies, and online business assets.
Can my family access my email or Facebook after I die?
Only if you’ve given permission through your estate plan or directly through the platform’s settings. Without that, your family may be blocked due to privacy laws.
What is a digital executor in Minnesota?
A digital executor is someone you name to manage your digital assets. This can be the same person as your main executor or someone else you trust with your online affairs.
How do I create a digital asset plan?
Start by making an inventory, then speak with an estate planning attorney. They can help you include digital asset instructions in your will, trust, or power of attorney, and advise on how to store your information safely.
Take the Next Step
If you haven’t planned for your digital legacy, now is the time. Your online accounts are part of your life story—and they deserve just as much care as your physical belongings.
Contact Waldron Law Offices, Ltd. in Wayzata, MN, at (952) 471-0940 to talk about protecting your digital assets and building an estate plan that reflects your full legacy.
