How to Add Digital Assets to Your Will

Most wills written before 2015 make no mention of digital assets — because the concept barely existed. But today your digital estate may include cryptocurrency worth thousands, income-generating websites, creative works with ongoing royalties, and decades of irreplaceable photos that exist nowhere else.

Adding digital assets to your will requires more than listing them. You need to understand what's legally transferable, what needs specific documentation, and why your executor needs special authority that traditional wills often don't provide.

What Is RUFADAA?

The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) has been adopted by most US states. It gives executors, trustees, and agents legal authority to manage certain digital assets — but only if the deceased person explicitly granted that permission, and only to the extent platforms allow it under their terms of service.

What to Include in Your Digital Asset Clause

• Explicit authority for your executor to access, manage, and distribute digital assets
• Specific authority for cryptocurrency and private key access
• Authority to close, memorialize, or transfer social media and email accounts
• Direction to a separate, secure "Digital Asset Memorandum" with specific account details
• Authority to deal with intellectual property, domain names, and websites

The Digital Asset Memorandum

Your will should reference a separate private document — a Digital Asset Memorandum (or Letter of Instruction). This is where you list specific accounts, access methods, and wishes. Unlike a will, it does not become public record after probate. You can update it annually without needing to modify your will.

Critical: Never put passwords or seed phrases directly in your will. Wills become public documents after probate — anyone can read them. Reference a separate secure document instead.

Naming a Digital Executor

Consider naming a separate "digital executor" — someone technically capable of managing your online accounts — in addition to your traditional executor. This can be the same person or someone different. Document this choice explicitly in your will or in a codicil.

What About Cryptocurrency Specifically?

For cryptocurrency, your will grants legal authority — but the practical transfer happens through your seed phrase documentation, not the will itself. The will tells your executor they have legal authority to act; your separate secure documentation tells them how to actually access the assets. Both are necessary. Neither alone is sufficient.

Check Your State's RUFADAA Status

Visit our State Laws page to see whether your state has adopted RUFADAA and any state-specific requirements that apply to your digital estate.