What Happens to Your Digital Assets After You Die in Florida

Why Your Online Life Matters in Your Florida Estate Plan

Your financial and personal life is now closely tied to your phone, computer, and online accounts. Bank apps, investment platforms, email, photos, social media, and even business income can all exist primarily in digital form. When someone dies, those accounts do not simply pass along with the house, car, and bank accounts that show up in the mail.

Families are often surprised by how hard it is to gain access to a loved one’s online accounts after death. They may know a password, but the provider demands legal authority. They might suspect there is cryptocurrency or an online business, but they cannot find the details. Florida law treats digital assets differently from physical property, so planning ahead with a thoughtful digital asset strategy is now an important part of estate planning for Florida residents.

At Clarie Law, we help individuals and families in and around St. Petersburg understand how Florida digital assets law works and how to protect both traditional property and their online lives.

What Counts as a Digital Asset in Florida

Digital assets are anything of value that exists or is accessed electronically. That includes information stored on your devices and accounts that live entirely online.

Common examples include:

• Financial assets: online banking, credit card portals, PayPal, Venmo, Cash App, investment platforms, retirement portals, cryptocurrency exchanges and wallets, airline miles, and reward points  
• Personal assets: email accounts, text and messaging apps, social media profiles, shared photo albums, cloud storage, digital music, movies, and e-books  
• Business assets: websites and domain names, blogs, monetized YouTube or other channels, online stores, payment processors, affiliate accounts, and digital intellectual property

A key distinction in digital assets estate planning in Florida is the difference between digital property and digital access. You may own the money in your online savings account, but you often do not own the software or content license that displays it. For example:

• Funds in an online bank account are your property, even though the account is online  
• Reward points, game credits, and digital media are often governed by a license that ends when you do  
• Email and social media accounts are controlled by terms of service that limit how and whether they can be transferred

This difference between ownership and access is central to how Florida law approaches online accounts in a Florida will.

How Florida Digital Assets Law and RUFADAA Work

Florida has adopted a law called the Revised Uniform Fiduciary Access to Digital Assets Act, or RUFADAA. The purpose of Florida RUFADAA is to give personal representatives, trustees, and agents a clear path to request access to digital assets when someone dies or becomes incapacitated, while still honoring privacy and federal law.

RUFADAA sets up an order of priority for instructions:

• First, any online tool you used with that provider, such as a “legacy contact” on social media, a “beneficiary” feature in a financial app, or an “inactive account manager” setting  
• Second, your estate planning documents, such as instructions in your will, trust, or power of attorney that grant authority over digital assets  
• Third, the terms of service agreement that you accepted when you opened the account

This system matters because RUFADAA is about legal authority, not just technical access. A family member who guesses your password may still be refused access by the service provider, or may technically violate terms of service. Providers are allowed to insist on proper legal documentation, and many will do so to protect privacy and themselves from liability. An estate planning attorney in St. Petersburg, FL can explain how these priorities apply to the specific platforms you use.

Ownership Versus Access and Why Passwords Are Not Enough

Many people think a written list of usernames and passwords solves the problem. In reality, it often creates new risks and does not address the legal questions.

Sharing passwords can:

• Violate terms of service and possibly federal privacy or anti-hacking laws  
• Expose you to theft or fraud if the list is lost, copied, or accessed by someone you did not intend to involve  
• Fail in practice, because providers may block or freeze accounts if they detect unusual activity or learn about a death without proper legal authority

Under Florida law, ownership of the underlying asset is not the same as the right to access the account that holds it. For example:

• The cryptocurrency stored at a wallet address can be part of your estate, but an exchange may require specific legal documents before working with your personal representative  
• An online brokerage account holds securities you own, but the broker will typically respond only to someone with recognized authority, such as a court-appointed personal representative or a trustee

Another common misunderstanding is the idea that naming someone as a beneficiary in a will automatically gives them full control of all your accounts. Without clear digital asset provisions, your executor may be left asking providers for access with little guidance, which can lead to confusion, delay, and family disagreements.

Naming a Digital Executor and Using Wills and Trusts

As part of estate planning for digital assets, some clients like to name a “digital executor” or digital representative. Florida law generally uses the term personal representative, but you can still identify who you want to handle your online life, subject to Florida statutes in a special designation role.

This person’s responsibilities might include:

• Closing or memorializing social media and other accounts  
• Preserving photos, videos, and important files for your family  
• Locating financial accounts, including cryptocurrency and online investment platforms  
• Helping manage or wind down online stores, websites, or monetized content

We can build authority for digital assets into your existing documents:

• Will provisions that give your personal representative the right to access, manage, and dispose of digital assets as allowed by RUFADAA  
• Trust language that covers digital financial accounts, online businesses, and cryptocurrency, so a successor trustee can step in without a court process  
• Powers of attorney that authorize a trusted agent to manage digital assets during incapacity, not just after death

An estate planning attorney in St. Petersburg, FL can help coordinate these documents so they align with your wishes about what should be deleted, memorialized, transferred, or kept private.

Practical Steps to Protect Your Digital Assets Now

You do not need to overhaul your entire life to improve digital assets estate planning in Florida. A few organized steps can make a significant difference for your family.

Start by creating a simple, private inventory:

• List your important digital assets and where they are held, such as major financial apps, social media, email providers, storage services, and any cryptocurrency platforms  
• Note whether each account has a built-in legacy tool, beneficiary setting, or “inactive account” option  
• Flag anything related to business income, such as domain registrars, online store platforms, and payment processors

Then take advantage of platform tools:

• Use “legacy contact” or “memorialization” settings offered by social media platforms  
• Set up “inactive account” or emergency access tools offered by providers such as Google or Apple  
• Confirm that any beneficiary designations on financial accounts match your broader estate plan

For safe access information, consider:

• A reputable password manager with an emergency access feature that can be triggered if something happens to you  
• Written instructions that say where your digital inventory is stored, kept with your estate planning documents, rather than listing actual passwords in plain language

Some assets need special attention:

• Cryptocurrency inheritance in Florida depends on both legal authority and technical access. Without private keys, seed phrases, or hardware wallets, your personal representative may not be able to reach those assets at all. Clear instructions about where to find this information, combined with tailored legal language, are vital.  
• Online businesses, domain names, and monetized social media or content accounts can represent real income and goodwill. Your plan should address who steps in to manage operations, receive revenue, and decide whether to continue, sell, or close the activity.

As technology changes, accounts merge or close, and your life evolves, it is important to review your digital asset planning regularly. Periodic checkups with your estate planning attorney help keep your Florida digital assets law strategy current and effective.

Protect Your Legacy With a Tailored Estate Plan

If you are ready to put a clear, legally sound plan in place, we are here to guide you through each step. At Clarie Law, we take the time to understand your goals so your wishes are documented and your family is protected. Speak with an experienced estate planning attorney in St. Petersburg, FL to start building a customized strategy that fits your life. Schedule a consultation today so you can move forward with confidence.