As an estate planning attorney in Ohio, I regularly help clients who are surprised to learn that their online accounts, photos, emails, and digital records don’t automatically transfer to loved ones when they pass away. These digital assets often have real financial or sentimental value, and without proper planning, they can become inaccessible or even lost forever. If you want your family to gain access to your cryptocurrency, cloud storage, social media accounts, or online financial platforms, you must include clear instructions in your estate plan. Ohio law has specific rules for handling digital assets, and failing to comply can lead to unnecessary frustration for your loved ones.
Digital assets may be intangible, but they are real property under the law. These assets include everything from PayPal balances and frequent flyer points to intellectual property stored online or digital business files. If your estate plan doesn’t specifically address these items, your fiduciary may not have the authority to access or manage them. That’s why I work closely with clients to make sure we take full advantage of Ohio’s version of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which is codified in Ohio Revised Code § 2137.01 through § 2137.19. This law outlines how and when a fiduciary can access digital assets and under what conditions.
Understanding What Counts As A Digital Asset
Digital assets include a broad category of online and electronic records. Some are purely sentimental—such as photos on Google Drive or messages stored in Gmail—while others may have monetary value, like cryptocurrency wallets, online investment accounts, or digital storefronts on platforms like Etsy or Shopify. These assets aren’t always obvious to your executor, and they often require specific credentials or permissions to access.
Under Ohio Revised Code § 2137.02, digital assets include “electronic records in which an individual has a right or interest.” The law specifically excludes the underlying physical hardware, such as your phone or laptop. So, just leaving someone with your devices in your will is not enough to grant them access to your online accounts.
Granting Legal Authority To Access Digital Assets
In order to ensure your fiduciary can manage your digital property, your estate plan must grant them specific authority. That includes your will, trust, and powers of attorney. Without this authority, even a court-appointed executor may be unable to legally access certain accounts due to privacy laws or user agreements.
Under Ohio Revised Code § 2137.04, a user can authorize access through an “online tool” provided by a service (such as Facebook’s legacy contact setting). If no online tool is used, access rights must be explicitly provided through your estate planning documents. That means I advise clients to clearly state which accounts their executor can access and what they’re authorized to do—whether that’s closing the accounts, transferring digital content, or retrieving funds.
Creating A Digital Asset Inventory
A key part of the process is maintaining a secure and updated inventory of your digital assets. This document should include account names, the nature of the assets, where they are stored, and how they can be accessed. Do not include passwords in your will since your will become public documents during probate. Instead, I recommend storing credentials in a secure password manager or encrypted file and instructing your fiduciary on how to locate that information.
Without this inventory, your executor may not even know what accounts you had, which could lead to missed assets or an inability to fulfill your final wishes.
Why This Planning Matters
If you don’t authorize access to your digital property, your fiduciary could be blocked by privacy laws or Terms of Service Agreements. In some cases, platforms may require a court order, which delays the process and creates stress for your family. Including digital asset provisions in your estate plan saves time, avoids confusion, and gives your loved ones clarity and peace of mind.
FAQs About Digital Assets In Ohio Estate Planning
What Is Considered A Digital Asset In Ohio Estate Planning?
Digital assets include any electronic record in which a person has a right or interest. This can range from personal photos in the cloud and social media accounts to digital currencies, email accounts, and online business assets. Under Ohio Revised Code § 2137.02, these assets are legally recognized but require specific authority for others to access them after death.
Can My Executor Access My Email And Social Media Accounts Without My Permission?
No. Unless you provide written authorization in your estate plan or use an online tool provided by the platform, your executor may not have the legal authority to access those accounts. Many services, like Gmail and Facebook, are restricted by privacy laws and user agreements. Including these instructions in your estate planning documents is the best way to ensure lawful access.
Is A Password List Enough To Grant Access To My Digital Assets?
No. While a password list may help with practical access, it does not create legal authority. You must include specific language in your will, trust, or power of attorney that gives your fiduciary the right to manage and access your digital assets. Without it, your fiduciary could violate federal or state law by trying to log into your accounts.
What Happens If I Don’t Include Digital Assets In My Ohio Estate Plan?
If you fail to plan for digital assets, your executor may not know they exist or may be unable to access them due to legal restrictions. This can result in loss of valuable or sentimental data, financial accounts being frozen, or online businesses being disrupted. Proper planning ensures your executor has both the knowledge and authority to manage these assets.
Are Digital Assets Handled In Probate Like Other Property?
Yes, but with additional complications. Digital assets fall under the probate estate if not otherwise designated, but service providers may not release them without specific legal authority. The probate court may need to issue orders under Ohio’s RUFADAA statutes, which can slow down the process unless proactive planning is in place.
Can I Include Instructions For My Online Business In My Estate Plan?
Absolutely. Your online business should be treated as any other business asset. That includes naming a successor manager, transferring domain ownership, and granting access to accounts like Shopify, Stripe, or PayPal. These provisions should be included in your will or trust, along with access instructions stored securely.
Should I Use A Trust To Manage My Digital Assets?
In many cases, yes. A trust can provide continuous management of digital assets both during your lifetime and after death. Trusts are not subject to probate, and if properly drafted under Ohio law, they can give your trustee clear authority to access and control digital property. This can help avoid legal delays and keep your estate private.
How Do I Create A Digital Asset Inventory?
Start by listing all online accounts, cloud services, email providers, financial apps, cryptocurrency wallets, and any other digital platforms. Include usernames, the nature of each asset, and where they are stored. Avoid putting passwords in your will—store those securely and let your fiduciary know how to access the credentials when needed.
Let Me Help You Protect Your Digital Life
Digital assets have become a critical part of modern estate planning. If you want to make sure your online property doesn’t disappear or cause problems for your loved ones, it’s time to take the next step. At The Law Office of John C. Grundy, I work with individuals and families across Ohio to ensure digital assets are fully protected and accessible. If you’re ready to update your estate plan or need help including your digital assets, call my office. Contact our Ohio estate planning attorney at The Law Office of John C. Grundy by calling 330-637-9030 to receive a consultation. Our firm represents clients in Cortland and throughout all of Ohio.