In today’s connected world, our lives exist as much online as they do offline. From email accounts and social media profiles to online banking and photo storage, we leave behind a complex network of digital assets. But what happens to those accounts, files, and memories after we pass away?

Without proper planning, your loved ones may face significant challenges accessing—or even being aware of—your digital life. Fortunately, Florida law provides a framework for handling these assets through the Florida Fiduciary Access to Digital Assets Act (Chapter 740, Florida Statutes).

What Are Digital Assets?

Under Florida law, a digital asset is “an electronic record in which an individual has a right or interest.” This includes:

Email and social media accounts
Online banking, PayPal, and cryptocurrency
Cloud storage (Google Drive, iCloud, Dropbox)
Photos, videos, and documents
Digital business accounts (Shopify, Etsy, etc.)
Domain names and websites

These assets often hold both financial and sentimental value, making them an essential part of modern estate planning.

Who Has Access to Your Accounts After You Die?

Most online platforms (like Facebook, Apple, or Google) have strict privacy policies that protect user data—even after death. Without legal authorization, family members cannot automatically access your accounts or data.

The Florida Fiduciary Access to Digital Assets Act gives your personal representative, trustee, or agent limited rights to access and manage digital assets after your death—but only if you grant that authority in writing.

You can do this in:

A will or trust (covered under Chapters 732 and 736, Florida Statutes)
A power of attorney (for digital access while you’re alive but incapacitated)
An online tool offered by the service provider (such as Google’s Inactive Account Manager or Apple’s Digital Legacy)

If you don’t take these steps, your digital assets may remain inaccessible, or accounts may be deleted due to inactivity.

How to Protect and Plan for Your Digital Legacy

Create an Inventory of Digital Assets
Make a list of your online accounts, logins, and passwords. Store it securely using a password manager or in a sealed document accessible to your executor.
Appoint a Digital Executor or Trustee
In Florida, you can legally designate a fiduciary to manage your digital assets under Chapter 740. This person should understand both your wishes and your online presence.
Include Digital Assets in Your Estate Plan
Clearly outline who should access, transfer, or delete your digital assets in your will or trust. Your attorney can include language that complies with Florida’s probate and trust laws (Chapters 731–739).
Use Provider Tools When Available
Platforms like Google and Facebook let you designate legacy contacts or specify what happens to your account after death.
Review Regularly
Just as you update your will or insurance policies, review your digital estate plan every few years or after major life changes.

Why Digital Estate Planning Matters

Without clear instructions, your loved ones may face:

Delays in estate settlement
Permanent loss of personal or financial data
Emotional distress over inaccessible memories
Identity theft risks from unmanaged accounts

By incorporating your digital life into your overall estate plan, you ensure that your online presence is handled with the same care and clarity as your tangible assets.

Remote Estate Planning Services

At McNary Law, we make estate planning accessible and convenient. Many of our services can be handled remotely, allowing you to protect your legacy from the comfort of your home. Whether you’re preparing your first will or updating an existing estate plan to include digital assets, our team provides compassionate, experienced guidance tailored to your needs.

Take Control of Your Digital Legacy

Your digital life deserves protection just like your home, bank accounts, and family heirlooms. Taking action today can save your loved ones time, stress, and uncertainty later.

Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.