In today’s digital world, much of our personal and financial lives exists online in the form of digital assets. From bank accounts and social media profiles to cloud storage and cryptocurrency, these digital assets can have sentimental and financial value.
But what are digital assets? Briefly, digital assets include any online or electronic accounts, records, or property that belong to an individual. Without written instructions in your estate plan, family members may face serious challenges trying to access, manage, or transfer these assets after you die.
At Apol Law LLC, we help Maryland families protect what matters by providing estate planning and family law services. Attorney Tasnima Apol combines her professional and life experience to help clients navigate sensitive legal issues with dignity and understanding. Whether preparing wills, trusts, or detailed digital asset inventories, we make complex legal processes manageable and accessible for every family.
What Are Digital Assets?
So much exists online, but what is considered a digital asset? They are electronic records, files, or accounts that you own or have online login access to.
Digital assets examples include several categories, including:
- Financial accounts—online banking, PayPal, Venmo, cryptocurrency wallets (virtual currencies such as Bitcoin or Ethereum stored electronically), investment or trading accounts, and rewards points programs;
- Personal records—digital photos, emails, and documents stored on cloud drives or other secure platforms;
- Social and communication accounts—social media profiles (e.g., Facebook, Instagram, LinkedIn), blogs, and messaging services where conversations or posts are stored online;
- Business and creative assets—domain names (the registered web address for a website, such as example.com), digital marketing accounts, online storefronts, copyrighted materials, and digital artwork or music; and
- Subscriptions and digital property—streaming services, eBooks, apps, and software with recurring payments or transferable licenses (software or media that allows a person to transfer ownership or use to someone else).
Your estate plan will likely address different types of digital assets in different ways. Some assets hold financial value, while others carry personal or emotional meaning. Thoughtful planning helps protect both.
Maryland Law and Digital Assets
Maryland follows the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), a law nearly all states have adopted to govern who can access online accounts and digital property after someone’s death or incapacity. Under RUFADAA, you must give written consent for designated people to view private communications, such as personal emails, direct messages, or private social media chats. You can grant or restrict this access in your will, trust, power of attorney, or similar legally binding document.
Some service providers, such as Google or Facebook, allow users to name a legacy contact or inactive account manager to manage or close an account after your death. These tools work alongside, not in place of, your legal documents.
Including Digital Assets in Your Estate Plan
Most people now have dozens of online accounts. Without a clear plan, loved ones may not know what accounts exist, where they are, or how to access them.
Overlooking digital assets can lead to:
- Lost funds or cryptocurrency that no one can recover;
- Inaccessible photos, messages, or creative work;
- Identity theft or fraud from unattended online accounts; and
- Legal disputes between family members or service providers over access or ownership rights.
Creating a complete plan for your digital assets involves organizing, documenting, and authorizing access. It can help protect your privacy, preserve value, and ensure your loved ones can follow your instructions exactly as intended.
Create a Complete Digital Inventory
List every online account, digital file, or device that stores personal or financial data. Be sure to include:
- Login credentials and associated email addresses;
- Account recovery methods; and
- Ownership details for cryptocurrency, online stores, or domain names.
Keep this list up to date and store it securely.
Decide How to Handle Each Category of Assets
Decide how you want to handle each type of asset. For example, you might instruct loved ones to download and save copies of family photos, transfer business accounts to successors, and close social media profiles to prevent misuse.
Use a Password Vault or Secure Storage
A password vault is a secure app or service that stores your login information in encrypted form. Give a trusted person written guidance on how to access this vault. Do not include passwords directly in your will. They become public during the probate process.
Appoint a Digital Executor
Although Maryland law does not formally recognize a “digital executor,” you can name someone to manage your online accounts and digital assets in your estate documents. The person you select might close social media accounts, transfer ownership of a business website, or save copies of family photos.
Provide Written Permission in Legal Documents
Include specific authorization in a written estate planning document granting individuals you select permission to access your online accounts and digital property. Without specific written consent, many companies will deny access to accounts, even to family members.
Review Platform Policies
Many online platforms have their own after-death account settings. For example:
- Facebook allows users to select a legacy contact who can manage a memorialized profile;
- Google provides an Inactive Account Manager feature to share or delete data after a set period of inactivity; and
- Apple offers a Digital Legacy program allowing designated contacts to access stored photos, files, and messages.
Review your account settings to make sure they match your estate plan.
Protecting Your Digital Legacy with Apol Law LLC
Your digital assets are part of your personal and financial legacy. Planning for their future ensures your loved ones can access what matters most while keeping your information safe.
At Apol Law LLC, we help Maryland families create thoughtful, complete estate plans that reflect modern life. Our firm combines practical guidance with compassionate advocacy. We can help protect your online and physical assets with clear instructions and secure documentation.
Contact us today to schedule a consultation and begin creating an estate plan that covers every part of your life, both online and off.