Founding Attorney
In today’s world, so much of what we value lives online—photos, messages, financial records, and even money. But what would happen if no one could access your email, cloud storage, or digital accounts after you’re gone? As our digital lives grow, so does the need to account for them in estate planning. From social media profiles to cryptocurrency, digital assets are now part of what we leave behind. And unlike physical property, they can be hard to manage without a plan. Whether you’re settling an estate or thinking ahead, understanding how Minnesota law treats digital assets is an important step.
Understanding Digital Assets
Digital assets include more than just your online bank accounts or crypto wallet. They also cover things like:
- Social media accounts (Facebook, Instagram, etc.)
- Email accounts
- Online photo and video storage
- Loyalty rewards or airline miles
- Blogs, websites, and domain names
- Streaming accounts and subscriptions
Even everyday tools—like Google Drive or Dropbox—can store files and records that need to be preserved or closed out. Many of these platforms have privacy and access restrictions, which can create problems during estate administration if there’s no plan in place.
Minnesota’s Legal Framework for Digital Assets
Minnesota adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) in 2016. This law gives personal representatives, trustees, and other fiduciaries the legal authority to manage digital assets, but only under certain conditions.
Under RUFADAA, you can decide who gets access to your digital accounts. This can be done in three ways:
- Online tools: Many platforms let you name someone to manage your account after you pass. For example, Facebook has a “legacy contact” option.
- Estate planning documents: You can name a person in your will, trust, or power of attorney to handle digital assets.
- Terms of service agreements: If you didn’t take action, the company’s user agreement usually controls who can access the account.
Without clear instructions, your personal representative may face legal roadblocks.
Managing Digital Assets During Estate Administration
When someone passes away, their personal representative or fiduciary is responsible for locating, valuing, and managing all property—including digital assets. This process can be straightforward if the decedent left instructions and passwords, but if not, it may require a court order or contact with the service provider.
RUFADAA allows fiduciaries to access “catalogue information” like dates of messages and the sender or recipient—but not the content—unless the decedent gave specific consent. Full access may require additional documentation or legal steps.
To handle digital assets properly, the fiduciary should:
- Review the estate plan for specific digital asset instructions
- Check whether the decedent used online tools to name a legacy contact
- Look for any device or password managers that may help access accounts
- Keep a record of all account activity for legal and tax purposes
Practical Steps for Estate Planning with Digital Assets
Planning ahead can save your family time, money, and frustration. Here’s how you can make it easier for the person handling your estate:
- Make a digital inventory: List all your online accounts and digital property, along with usernames, passwords, and instructions for what you want done with them.
- Use online account tools: Some companies offer built-in settings for passing on control. Use them when available.
- Update your estate plan: Include language in your will or trust that grants authority to access digital assets. Be clear and specific.
- Secure your login info: Consider a password manager, and make sure your fiduciary knows how to access it.
Taking these steps now can help avoid unnecessary complications later and ensure your digital presence is handled the way you intended.
Make Digital Assets Part of the Plan
Digital assets are part of modern life—and they should be part of your estate plan, too. By addressing them now, you’ll make it easier for your loved ones to carry out your wishes and manage your accounts responsibly.
At Unique Estate Law, we help individuals and families in Minnesota create clear, effective plans that include digital assets. If you’re ready to get started or have questions about how digital property is handled under Minnesota law, we’re here to help. Contact us today to schedule a consultation and take the next step toward peace of mind.