How Does A Personal Representative Manage Digital Assets?

As a personal representative of an estate, it is your responsibility to carry out the wishes and manage the estate of the decedent as outlined in his or her will. This often includes administering the decedent’s digital assets. But, what is a digital asset? And, how does a personal representative manage digital assets?

What is a digital asset?

A digital asset is an electronic record in which a user has a right or interest, including:

• Documents stored in the cloud;
• Contents of a hard drive;
• Photographs uploaded to a website;
• Text message conversations;
• Social media accounts;
• Online access to any designated aspect of a person’s digital life.

How does a personal representative manage digital assets?

The Revised Uniform Fiduciary Access to Digital Assets Act is a law that enables a person to grant digital assets to a personal representative or another designated person in the event of death or incapacity. The Act establishes that a personal representative must provide specific items when attempting to access digital assets including:

• A written request for the disclosure in either electronic or physical form;
• A copy of the death certificate;
• Account identification information and evidence linking the deceased person to the account;
• A certified copy of the letters of authority, such as an affidavit or court order.

In some cases, it may be easy to pass on a digital asset by simply providing login access. However, if the deceased individual had business-related digital assets such as monetized social media accounts or an online storefront, the personal representative should consult with an attorney.

Legacy accounts

Some digital accounts allow for the appointment of a legacy contact, who is a person an individual chooses to have access to their account(s) after death. For Facebook, the legacy contact would memorialize an individual’s account after he or she passes away.

Apple recently introduced Legacy Contacts for certain versions of its operating system, iPads, and iPhones. A legacy contact inherits videos, photos, notes, apps, text messages, and other information. Google has a legacy contact option that may be utilized by persons using Android.

What happens if access isn’t granted in advance?

If the individual did not leave instructions on how to access his or her digital assets, the individual’s personal representative or family member will have to follow the policies of each company with whom the decedent had an account and attempt to gain access. However, the policies do not guarantee access to part or all of the decedent’s accounts, meaning valuable photos, emails, videos, and other assets could be lost.

Help is available

The estate planning attorneys at O’Reilly Rancilio are available to answer your questions regarding planning for digital assets. To learn more, please visit our website or call 586-726-1000.