When people think about estate planning, they often focus on homes, bank accounts, investments and personal belongings. But today, many Pennsylvania residents have a digital footprint as well. Email, photos, social media, online banking, cloud storage, and cryptocurrency are all examples of a digital footprint that may create practical problems for loved ones if you become incapacitated or pass away. A modern estate plan should address not only who receives your property, but also who can access, manage, close, preserve, or transfer your digital accounts.

Why Digital Accounts Matter in an Estate Plan
Digital assets may have financial value, such as cryptocurrency wallets, online investment accounts, PayPal or Venmo balances, or revenue-generating business platforms. They may also hold sentimental value, including photos, videos, messages, and cloud backups. Even accounts without obvious monetary or sentimental value are important to retain if they contain bills, tax records, contacts, passwords, or information about other assets.

If these accounts are not addressed in an estate plan, family members may be locked out, unable to locate important information, or forced to navigate each company’s terms of service at a stressful time. A thoughtful plan gives your fiduciaries clear authority over your digital assets.

Pennsylvania Law Provides Fiduciaries a Framework
Pennsylvania enacted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), effective in 2021, to provide a legal framework for fiduciaries such as executors, trustees, agents under powers of attorney, and guardians to request access to certain digital assets. The law recognizes that digital assets require specific planning and that online platforms may need clear authorization before disclosing account information or electronic communications.

A will, trust, financial power of attorney, and related planning documents should be reviewed to determine whether they expressly authorize fiduciaries to access, manage, transfer, preserve, or close digital assets and accounts. General authority over property may not be enough to satisfy every custodian’s requirements or to obtain access to the content of electronic communications.

Common Problems Families Encounter

• No one knows what accounts exist. Loved ones may not know where bills are paid, where photos are stored, or whether cryptocurrency exists.
• Passwords and two-factor authentication block access. Even when family members know about an account, they may not be able to access it without a device, password manager, backup code, or authentication app.
• Terms of service restrict access. Some companies limit who may access, download, memorialize, or close an account after death or incapacity.
• Sentimental assets are overlooked. Digital photos, videos, messages, recipes, writings, and family history may be lost if no one knows where they are stored or how to preserve them.

Steps to Take Now

• Create and periodically update an inventory of important digital accounts, including such things as financial accounts, email accounts, cloud storage, social media, cryptocurrency, websites, and online business platforms.
• Use secure password management practices and make sure the appropriate fiduciary can locate access instructions when needed.
• Review platform-specific legacy or account management tools and confirm that they are consistent with your estate plan.
• Give specific thought to privacy preferences, including whether a fiduciary should have access to the content of emails, messages, photographs, or other communications.
• Review your estate planning documents periodically to ensure the terms adequately address your digital assets.

Your digital footprint is a routine part of modern life and should be considered as part of a thoughtful estate plan. If you are a Pennsylvania resident with questions about how digital assets may fit into your estate planning, attorney Kristen Hartman or any member of Barley Snyder’s Trusts & Estates Practice Group can help you evaluate your options and ensure your estate plan addresses these important assets.