Written by – Richard (Ricky) P. Klingerman
From online banking to social media, much of life today is managed digitally. While these accounts may not be tangible, they often carry significant financial or sentimental value. Yet many Pennsylvanians overlook digital property when creating an estate plan—leaving families with frustrating roadblocks when access is needed most.
A Real-Life Example
Not long ago, a client’s family came to us after their father passed away unexpectedly. He had done most things right—his will was in place, his accounts were organized, and his beneficiaries were current. But he had not left instructions for his digital property. His children knew he stored decades of family photos in the cloud and had several online investment accounts, but without logins or legal authorization, they struggled to access them.
What should have been a time of grieving turned into months of frustration as they tried to recover digital files and deal with providers’ strict privacy policies. It was a powerful reminder that in today’s world, estate planning is not complete unless digital property is included.
What Is Digital Property?
Digital property refers to electronic records you own or control, including:
Financial accounts: Online banking, retirement accounts, investment platforms, cryptocurrency wallets.
Personal accounts: Email, photo storage, social media profiles, cloud services.
Business assets: Websites, domain names, and digital intellectual property.
Subscriptions and memberships: Streaming services, online shopping accounts, or apps with stored payment details.
Pennsylvania’s Law on Digital Assets
In 2020, Pennsylvania enacted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This law gives executors, trustees, powers of attorney, and guardians the legal authority to manage digital assets—but only if the account owner has granted explicit permission in their estate planning documents.
Without this authorization, families may face:
Loss of valuable financial information.
Inability to preserve personal photos or emails.
Lingering social media accounts without management.
Missed payments or auto-renewals tied to online subscriptions.
How to Plan for Digital Assets in Pennsylvania
Create an Inventory
List all digital accounts and devices, from email to cryptocurrency wallets. Include login details and note any recurring payments.
Use Available Online Tools
Some providers (like Google’s Inactive Account Manager or Facebook’s Legacy Contact) let you designate someone to manage your account. Under RUFADAA, these tools take priority over other instructions.
Grant Legal Authority
Update your will, trust, and powers of attorney to include specific authorization for your fiduciaries to access digital property under Pennsylvania law.
Provide Clear Instructions
Decide whether accounts should be closed, preserved, or transferred. For example, you may want family photos saved but social media profiles deleted.
Securely Store Information
Keep your inventory in a safe location—whether with your attorney, in a password manager, or in a secure digital vault.
Final Thought
Digital property is part of your legacy. As my client’s family learned, even the most well-prepared estate plan can leave gaps if online accounts are ignored. By planning ahead and including digital property in your estate plan, you can spare loved ones unnecessary stress and ensure your online life is handled according to your wishes.