Much of modern life now exists online. Banking, photos, cloud files, social media, email, and cryptocurrency all form part of a person’s financial and personal footprint. Digital assets estate planning helps ensure these records are addressed in your California estate plan, so your family can find and manage what matters most.
What Are Digital Assets?
Digital assets are any accounts, files, or property that exist in electronic form and carry financial or personal value. The list is often broader than most people expect.
Common digital assets include:
- Email accounts and electronic communications
- Social media profiles and content
- Cloud storage files, photos, and videos
- Online banking and investment accounts
- Payment platforms and subscription services
- Domain names and websites
- Cryptocurrency wallets and exchange accounts
- Password managers
- Digital documents and business software accounts
Many hold direct financial value. Others carry irreplaceable sentimental value. Either way, they deserve a place in your estate plan.
Why Digital Assets Matter in Estate Planning
According to Caring.com’s 2025 Wills and Estate Planning Study, updated in February 2026, only 24% of Americans had a will in 2025, down from 33% in 2022. Experts quoted by Deseret News also emphasize that a lack of planning can create serious challenges for families, especially when digital accounts and records are difficult to locate or access.
The practical risks are very real. Without a plan, loved ones may:
- Not know which accounts exist or where they are held
- Miss financial assets stored in payment platforms or investment accounts
- Lose crypto permanently if private keys are not documented
- Be unable to retrieve family photos or irreplaceable personal files
- Face identity theft or disruption to business operations
Miller Law Group Inc.’s estate planning services cover the organization of legal and financial affairs to manage assets during incapacity and distribute them after death.
Create a Digital Asset Inventory
A digital estate plan begins with a secure inventory. Every account should be documented so a fiduciary can locate and act on what exists.
A thorough inventory includes:
- Account name, platform, and asset type
- Whether it holds financial or sentimental value
- Where access instructions or credentials are stored
- Whether the account has a legacy contact or beneficiary tool
Do not list passwords in a will. Wills become public through probate. Store credentials securely and reference that location in your plan.
Planning for Online Accounts
Online accounts range from personal email to business-critical software. Each type carries different estate planning considerations.
Key account types to address include:
- Email accounts, which may hold financial records and legal correspondence
- Social media profiles, which some platforms allow users to memorialize or transfer in advance
- Cloud storage, which may contain irreplaceable photos and personal files
- Online banking and payment apps, which hold direct financial value
- Business software, which may be essential to ongoing operations
Some platforms have their own procedures for memorialization or account transfer. California’s estate planning checklist is a useful starting point for a complete plan.
Cryptocurrency Estate Planning
Cryptocurrency requires special care. Unlike a bank account, a crypto asset cannot be recovered if access credentials are lost.
The American College of Trust and Estate Counsel’s 2025 update on cryptocurrency and estate planning states that if a private key is lost, the asset is gone forever. There is no help desk and no password reset.
A cryptocurrency estate plan should address:
- Each wallet and exchange where crypto is held
- Where private keys and seed phrases are stored securely
- A fiduciary who understands cryptocurrency and can act responsibly
- A process for updates as holdings change
Private keys should never appear in a will. A 2026 analysis by FinanceFeeds, citing Pew Research, found that 17% of U.S. adults have invested in or used cryptocurrency, yet most have not included those assets in their estate plans. Billions have already been permanently lost because owners died without a succession plan in place.
Choosing the Right Person to Handle Your Digital Legacy
Planning for digital legacy in California requires a fiduciary who can handle both financial and technical responsibilities.
When you select someone for this role, consider whether they are organized, comfortable with technology, careful with detailed instructions, and respectful of privacy. Some families choose a separate digital agent rather than placing this responsibility on a general executor or trustee.
How Digital Assets Fit Into a California Estate Plan
California law supports the inclusion of digital assets in formal estate planning documents. The Revised Uniform Fiduciary Access to Digital Assets Act, codified in the Probate Code, authorizes a fiduciary to access and manage digital assets when direction is given through a will, trust, or power of attorney.
Your estate plan should include specific provisions for digital assets within a revocable trust, a will, a durable power of attorney, or a referenced asset inventory.
What happens when someone dies with a living trust in California is directly relevant here: a trust authorizes a successor trustee to access digital holdings without court involvement, which protects both privacy and efficiency.
Common Digital Estate Planning Mistakes
Common digital estate planning mistakes often come from incomplete planning or wrong assumptions about access to online accounts after death. These mistakes include:
- Not telling anyone which digital assets exist or where they are held
- Failing to update passwords or account lists after major changes
- Storing private keys or seed phrases in insecure locations
- Naming a fiduciary who cannot handle technology or detailed instructions
- Assuming family members can automatically access accounts after death
- Leaving business accounts and platforms out of the plan entirely
When to Update Your Digital Estate Plan
A digital estate plan needs regular review after:
- Opening new financial accounts or cryptocurrency wallets
- Changing password managers or major credentials
- Buying or selling cryptocurrency
- Starting or closing a business
- Getting married or divorced
- Having children
- Moving important files to a new platform
How Miller Law Group Inc. Can Help
Digital assets should be part of every estate plan. They often include money, accounts, and personal files that can be hard to access without clear instructions. Planning ahead helps your loved ones find what they need, avoid confusion, and carry out your wishes easily.
Miller Law Group Inc. in Santa Rosa creates individualized estate plans based on each client’s assets, family, and goals. The firm helps clients document digital holdings, select the right fiduciaries, and build clear instructions directly into their estate plan documents. Contact Miller Law Group Inc. to discuss how digital assets fit into your California estate plan.