Article · Wills and Estates

Who Gets the Password? Digital Assets, Online Accounts, and the Estate You Left in the Cloud

18 U.S.C. § 2701

Type
Article
Jurisdiction
National
Date
2026-05-26
Topic
Wills and Estates

A generation of people now keeps its correspondence, photographs, financial records, business relationships, and increasingly its money in accounts governed by contracts nobody reads and by a 1986 federal privacy statute that predates all of it. This article explains why an executor with full legal authority over an estate is routinely refused access to the decedent's email, what the Revised Uniform Fiduciary Access to Digital Assets Act did about it, and why the answer turns on a three-tier hierarchy in which the platform's own online tool outranks the will. It separates the four categories of digital asset that behave differently — accounts that are mere licenses, files the decedent actually owns, currency held only as a private key, and records needed to administer everything else — and works the practical consequences of each. The second half covers cryptocurrency and the loss problem no legal instrument solves, the terms-of-service provisions that override default rules, two-factor authentication as the real obstacle, and the criminal statutes that make a well-meaning family member's password use a federal offense. It closes with a practical inventory-and-authorization protocol that costs nothing and prevents nearly all of it.

Who Gets the Password? Digital Assets, Online Accounts, and the Estate You Left in the Cloud

Wills and Estates > Digital Assets | Published 26 May 2026 - Updated 5 July 2026 | UpLaw - uplaw.us

In brief. A will disposes of property. Most of what people now care about — twenty years of photographs, a business's customer relationships, correspondence, a cryptocurrency wallet — is not property held by the decedent but access to an account held by a company, governed by a contract the decedent clicked through and a federal privacy statute written before the web existed. The hierarchy that resolves it puts a checkbox in a platform's settings page above a professionally drafted will.

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