What about my cryptocurrency?

Cryptocurrency is permanently inaccessible without the private keys or seed phrase. Many millions of dollars in crypto have been lost on owner deaths because heirs could not recover keys. Document the seed phrase location explicitly (typically a metal seed-phrase backup in a safe deposit box, fireproof safe, or split between trusted family). Without the keys, the asset is gone — no court order, fiduciary authority, or legal action can recover it.

Should my digital executor be the same as my personal representative?

Often yes — and frequently the same person serves both roles. But they require different skills: the personal representative handles legal and financial matters; the digital executor needs technical comfort, time to deal with platform recovery processes, and willingness to handle sensitive personal content. If your personal representative isn't tech-savvy, consider naming a different digital executor (often an adult child or close friend with technical comfort).

What if I have stuff online I don't want my family to see?

Document your wishes explicitly: "If you find drafts, journals, private correspondence, or content I would not want shared, please respect my privacy and either delete or archive without sharing." A trusted digital executor will exercise discretion. For anything truly sensitive (private journals, sensitive medical records, etc.), consider deleting during life or storing in a separate password-protected vault that you can choose whether to provide access to.

Digital Estate Instructions

Instructions for handling digital assets after death — passwords, email, cloud storage, social media, cryptocurrency, online accounts.

Customise

Date prepared

Your full legal name

Digital executor — name

Digital executor — phone

Digital executor — email

Password manager (if any)

Master password / recovery key location

Critical accounts and handling

Social media policy

Cryptocurrency / digital wallets

Photo, file, and data priorities

Creative works / intellectual property

Special instructions

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DIGITAL ESTATE INSTRUCTIONS

Prepared by:     Margaret L. Hutchinson
Date prepared:   May 7, 2026

PURPOSE: This document provides instructions for handling my digital assets, online accounts, and electronic data after my death. It supplements (does not replace) my will and living trust, which provide legal authority for the personal representative or trustee to act.

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DIGITAL EXECUTOR DESIGNATION
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I designate the following person to manage my digital assets:

  Name:    David S. Hutchinson (son) — also serving as personal representative under will
  Phone:   +1 843 555 0193
  Email:   davidhutchinson@example.com

This person is authorized to access, manage, transfer, archive, and close my digital accounts and assets. Where possible, I have designated this person as legacy contact, beneficiary, or recovery contact through the relevant platform's own tools (Apple, Google, Facebook, etc. provide such tools).

The legal authority for digital-asset management comes from the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted by 47+ states. Under RUFADAA, the digital executor (or personal representative) has authority to access non-content data (account existence, billing) by default, but can access content (emails, messages, files) only if I have explicitly authorized it. THIS DOCUMENT EXPRESSLY AUTHORIZES MY DIGITAL EXECUTOR TO ACCESS THE CONTENT OF ALL MY DIGITAL ACCOUNTS for purposes of estate administration, archiving sentimental material for family, and closing accounts.

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PASSWORD MANAGER AND ACCESS
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Password manager in use: 1Password (1password.com)

Master password / recovery key location:

Master password and 2FA recovery codes are written on a sealed paper in my safe deposit box at Wells Fargo (Box 2418, branch on King Street, Charleston). Key is in the small mahogany box in my bedroom dresser, top drawer.
Alternative: I have set up "Legacy Contact" on Apple iCloud and Google account — David (my son) will receive automated emergency access after a 30-day waiting period through these services. He can verify identity and access most data through these mechanisms even without the master password.
DO NOT store the master password electronically or in this letter. The above physical-and-platform combination is intentional.

CRITICAL SECURITY NOTE: Do not transmit the master password by email, text, or any electronic message. Verify the digital executor's identity before providing access. If the master password is unavailable, use platform-level recovery tools (Apple Legacy Contact, Google Inactive Account Manager, Facebook Legacy Contact, etc.).

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CRITICAL ACCOUNTS AND HANDLING
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PRIMARY EMAIL (gmail.com): margaret.hutchinson@gmail.com
  Action: Set up Google "Inactive Account Manager" 6-month inactive trigger; David receives full account access. After review, transfer to estate or close. Forward important email to family for 90 days, then close.

FINANCIAL ACCOUNTS (online access):
  Wells Fargo: linked to estate via beneficiary designation - executor only needs death certificate.
  Fidelity 401(k): named beneficiaries pre-designated; institution will handle directly.
  Schwab brokerage: TOD designated; passes outside probate.
  Action: Do NOT close any financial accounts until after probate / estate settlement complete.

UTILITIES AND SUBSCRIPTIONS:
  Cancel: Netflix, Hulu, Amazon Prime, gym membership, magazine subscriptions, recurring donations (David has list in shared Google Drive).
  Transfer or cancel: utility bills, internet, phone, insurance.
  Maintain (for now): home security system, healthcare patient portal access (for medical record needs).

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SOCIAL MEDIA AND ONLINE PRESENCE
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FACEBOOK: I have designated David as my legacy contact. Use Facebook's legacy contact tools to convert my profile to a memorialized account. Allow comments and posts from friends. Do NOT delete the account - my photos and memories should remain accessible to family for at least 5 years.

INSTAGRAM: Memorialize via Instagram's memorialization request (parent company Meta uses similar process to Facebook). Do not delete.

LINKEDIN: Close account via LinkedIn's memorialization request. Save my professional history and recommendations as a PDF before closing.

TWITTER/X: Close account 90 days after death.

Email accounts: see "Critical Accounts" above.

Dating apps, online forums: David should locate via my password manager and close all accounts within 60 days.

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CRYPTOCURRENCY AND DIGITAL WALLETS
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I do NOT own any cryptocurrency or digital wallet assets at preparation date. If this changes, I will update this section.

CRYPTOCURRENCY HANDLING NOTE: Cryptocurrency and digital wallet assets are typically inaccessible without the private keys / seed phrase. Without these, the assets are PERMANENTLY LOST regardless of legal authority. If I own crypto, the seed phrase / recovery phrase / private keys location is documented above; loss of these means loss of the asset.

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PHOTOS, DATA, AND CLOUD STORAGE
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GOOGLE PHOTOS / iCLOUD PHOTOS: ~18,000 photos covering 1995-2026.
  Priority: Download all photos to a hard drive; provide copies to David, Sarah, and grandchildren. Particularly important: family albums, holiday photos, my late husband's photos.

GOOGLE DRIVE / iCLOUD: Personal documents.
  My will, trust, and financial documents are also stored here as backup; the originals are at the law office and safe deposit box.
  Family genealogy research (45+ years of work) is in folder "Family History" — share with the South Carolina Genealogical Society if they want to archive.

iMessage / TEXT MESSAGES: Many conversations with grandchildren over years. Export and save before closing iCloud.

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CREATIVE WORKS AND INTELLECTUAL PROPERTY
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Garden journal: physical copy in den, top shelf. Donate to local horticultural society if interested; otherwise keep in family.
Family history blog (old Blogspot site): margaret-hutchinson.blogspot.com — content also exported to Google Drive. Maintain blog for 1 year as memorial; then export final archive and close.
No published works, no royalty-bearing IP.

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SPECIAL INSTRUCTIONS AND DISCRETION GUIDANCE
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DO NOT post about my death on social media until family has been personally notified - particularly distant relatives and old friends who may not yet know.
DO NOT publicize the master password location publicly or in any digital medium - only verbally to David, who can find the physical location.
Respect privacy: there is nothing scandalous in my accounts, but my private correspondence with friends, my husband's emails to me, and family disagreements are not for public reading. Read what's necessary for estate work; preserve what is sentimental; do not dramatize.
If you find anything I would not want public (e.g., draft letters, personal journals), use your discretion - I trust David's judgment.

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LEGAL FRAMEWORK
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  - Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA): adopted by 47+ states; provides legal framework for digital-asset access by fiduciaries.
  - Stored Communications Act (18 USC §2701): federal law restricting access to electronic communications; RUFADAA works within these limits.
  - Most major platforms (Apple, Google, Facebook/Meta, Microsoft) provide legacy / inactive-account / memorialization tools that work alongside RUFADAA. Use platform tools where available for cleanest access.
  - Computer Fraud and Abuse Act (18 USC §1030): unauthorized access to a computer system can be a federal crime; access by an authorized digital executor under this document is generally protected, but use of credentials of a deceased person without authorization can violate the CFAA.

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SIGNATURE AND ACKNOWLEDGMENT
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_______________________________
Margaret L. Hutchinson
Date: May 7, 2026


WITNESSES (recommended though not always required):

_______________________________            _______________________________
Witness 1 — Print Name                       Witness 2 — Print Name


_______________________________            _______________________________
Witness 1 — Signature                        Witness 2 — Signature


DISTRIBUTION

Original: in secure document file with will and trust
Copies (without master password) to:
  - Personal representative / executor
  - Digital executor (David S. Hutchinson (son) — also serving as personal representative under will)
  - Estate-planning attorney
  - Spouse / partner

REVIEW: Update annually or after significant change in digital footprint (new password manager, new platform, major asset acquisition, change of digital executor).

About this template

Digital estate planning is the most-overlooked aspect of estate planning today. The average modern adult has 100+ online accounts containing irreplaceable family photos, important business records, financial information, and sentimental communication. Without explicit planning, much of this is permanently inaccessible to family after death. The legal framework: the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted by 47+ states (notable holdouts: Massachusetts and Louisiana have non-conforming versions; California has its own variant), provides default rules for fiduciary access to digital assets. Under RUFADAA, by default, the personal representative has access only to NON-CONTENT data (account existence, billing records, last login) — not to the actual content of emails, messages, files, or photos. Access to content requires either (a) explicit authorization in a will, trust, or other estate-planning document; (b) the user's consent through a platform's online tool (Google Inactive Account Manager, Apple Legacy Contact, Facebook Legacy Contact); or (c) court order. The Stored Communications Act (18 USC §2701) is the federal statute behind these restrictions — Yahoo, Microsoft, and others have successfully argued that they cannot release email content even to authorized executors absent specific consent. The practical implication: WITHOUT a digital estate plan, your family may not be able to access your photos, emails, or important files even with a death certificate and probate authority. WITH this document and platform-level legacy tools set up during life, access is straightforward. The most-important platform-level tools to set up during life: (1) Google Inactive Account Manager — choose a contact who receives access after a configurable inactivity period (3-18 months), or who can request access immediately after providing death certificate and proof of authority; (2) Apple Legacy Contact — set up a contact who can request access to iCloud after providing death certificate and access key; (3) Facebook Legacy Contact — designate someone to manage memorialized profile or close it; (4) Password manager emergency-access — most password managers (1Password, LastPass, Bitwarden, Dashlane) offer emergency-access features where a designated contact can request access after a delay period. Cryptocurrency is the most-fraught digital asset. Without the private keys or seed phrase, cryptocurrency is permanently inaccessible regardless of any legal authority — the family cannot recover it. Many millions of dollars in crypto have been lost on owner deaths. The best practice: store seed phrases on physical media (paper, metal seed-phrase backup) in a safe deposit box or fireproof safe with location documented in this letter. Photos and family memories are the most-valuable digital asset for most people emotionally. Best practice: maintain backups in at least two cloud services AND on a physical hard drive in the home; document the locations in this letter. Subscription services: many continue to charge after death, sometimes for years, before family identifies and cancels — list the recurring subscriptions explicitly. Email is often the gateway to everything else (password resets, account access). Plan for email access first.

When to use it

As part of comprehensive estate planning (alongside will, trust, healthcare directive).
After significant change in digital life: new password manager, new platforms, retirement, etc.
When acquiring cryptocurrency or other digital assets.
After a major life event affecting digital relationships (marriage, divorce, business sale).
For business owners with significant online business presence.
For anyone with substantial photo/data archives in cloud storage.

What to include

Digital executor designation (separate from or same as personal representative).
Password manager and master-password / recovery-key location (physical, not electronic).
Critical accounts (email, financial, utility) and handling instructions.
Social media policy (memorialize, close, or maintain).
Cryptocurrency / digital wallet seed-phrase location.
Photo and data priorities (download, share, archive).
Creative works and intellectual property.
Express authorization for content access under RUFADAA.

Frequently asked

A will is generally insufficient for digital assets because (a) RUFADAA requires explicit authorization for content access, (b) most platforms have their own terms of service that work alongside RUFADAA, and (c) the technical details of access (passwords, recovery keys, platform settings) don't belong in a public will (which becomes part of probate record). The digital estate document handles all three problems while the will provides the underlying legal authority.

⚠ Legal disclaimer. Digital estate law is governed by the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted by 47+ states with state-specific variations. The Stored Communications Act (federal, 18 USC §2701) imposes additional limits. Major platforms (Apple, Google, Facebook/Meta, Microsoft) have specific legacy tools that interact with RUFADAA. Cryptocurrency assets are permanently lost without private keys / seed phrases regardless of legal authority. State law (and contract terms with platforms) may further limit fiduciary access. Update annually or after significant change in digital footprint. For substantial digital assets (crypto above $50K, business IP, monetized content), engage an estate-planning attorney with digital-asset experience. Not legal advice.