Digital Assets in Your Florida Estate Plan
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Florida's Fiduciary Access to Digital Assets Act lets you decide who can access your online accounts and records. Use each provider's legacy tools, give your agent and personal representative express digital asset authority in your documents, and keep a secure inventory of accounts and how to reach them.
What counts as a digital asset
- Email and social media accounts
- Photos and documents in the cloud
- Online banking, brokerage and bill-pay logins
- Cryptocurrency and the keys or devices needed to access it
- Domain names, websites, loyalty points and online businesses
How Florida law works
Chapter 740 of the Florida Statutes lets a user direct how custodians disclose digital assets after death or incapacity. Instructions you give through a provider's own online tool (such as a legacy contact or inactive account manager) generally control first. Next come directions in your will, trust or power of attorney. Without either, the provider's terms of service may govern, and the content of your emails and messages generally stays private unless you've consented to disclosure.
Four practical steps
- Use the online tools: set up legacy contacts with Apple, Google, Facebook and others.
- Update your documents: give your agent, trustee and personal representative express authority over digital assets, including the content of communications if you want them to have it.
- Keep an inventory: a password manager with emergency access, or a secure list stored with your estate planning documents, not in the will itself, which becomes public in probate.
- Plan for cryptocurrency: without the keys, recovery phrase or device, it may be gone for good. Store access instructions securely and tell your fiduciary where they are.
Don't forget the family photos
For many families, the most valuable digital assets are photos and videos. Make sure someone can download them before an account is closed.
Our Florida durable power of attorney and estate planning documents include digital asset provisions.
Talk with a Florida estate planning lawyer
Trusted Elder Law & Asset Protection helps families in Pensacola, Escambia, Santa Rosa, Okaloosa and Walton counties plan ahead. Call 850-607-2222 or schedule a free Peace of Mind Strategy Session.
This article is general information about Florida law, not legal advice for your situation.
