California Digital Assets in Probate: RUFADAA Guide

Digital assets like email accounts, social media, cryptocurrency, online banking, and digital photos present special challenges when someone dies. Unlike physical property, digital assets are controlled by service providers with their own terms of service.

California adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) to address these challenges. This guide explains how executors and families can access digital assets and how you can plan for your own digital legacy.

What Are Digital Assets?

Digital assets include any electronic records you have rights to:

Financial Digital Assets

• Cryptocurrency (Bitcoin, Ethereum, etc.)
• Online banking and investment accounts
• PayPal, Venmo, and payment apps
• Airline miles and reward points
• Domain names
• NFTs and digital collectibles

Communication Digital Assets

• Email accounts (Gmail, Outlook, Yahoo)
• Text messages
• Messaging apps (WhatsApp, Signal)

Social Media

• Facebook and Instagram
• Twitter/X
• LinkedIn
• TikTok
• YouTube channels

Storage and Media

• Cloud storage (Google Drive, Dropbox, iCloud)
• Digital photos and videos
• Music and movie libraries (iTunes, Amazon)
• E-books and audiobooks
• Online gaming accounts

Business Digital Assets

• Business websites and blogs
• E-commerce stores
• Customer databases
• Intellectual property stored digitally
• Software licenses

RUFADAA: California's Digital Asset Law

What RUFADAA Does

California Probate Code Sections 870-884 (RUFADAA) provides a framework for:

• Fiduciary access to digital assets
• Balancing privacy concerns
• Working with service providers
• Estate planning for digital assets

The Three-Tier Priority System

RUFADAA establishes who controls access to your digital assets:

Tier 1: Online Tool Designation If you used a service provider's online tool to specify what happens to your account (like Google's Inactive Account Manager or Facebook's Legacy Contact), that designation controls.

Tier 2: Estate Planning Documents If you addressed digital assets in your will, trust, or power of attorney, those instructions apply (unless overridden by an online tool).

Tier 3: Service Provider Terms If you made no designation and your estate plan is silent, the provider's terms of service control access.

What Fiduciaries Can Access

Under RUFADAA, executors and trustees can access:

• Catalog of communications: A list of senders, recipients, and dates (but NOT the content)
• Digital assets other than communications: Photos, documents, files
• Content of communications: ONLY if the user specifically authorized it

This distinction between catalog and content protects privacy while allowing estate administration.

Accessing Accounts After Death

General Process

1. Identify digital assets the decedent owned
2. Locate access information (usernames, passwords)
3. Determine authorization level under RUFADAA
4. Contact service providers with required documentation
5. Follow provider procedures for deceased user accounts

Documentation Typically Required

• Certified death certificate
• Letters testamentary or letters of administration
• Government-issued ID of the executor
• Proof of relationship (for next of kin requests)
• Provider-specific forms

Major Provider Policies

Google:

• Inactive Account Manager allows pre-planning
• Can request account data or deletion
• Requires court order for content access without prior authorization
• Form available at Google's deceased user support page

Facebook/Meta:

• Legacy Contact feature allows pre-designation
• Options: memorialize, remove, or request data download
• Special request form for verified family members

Apple:

• Digital Legacy program (iOS 15.2+) allows pre-planning
• Legacy Contact can access most data
• Without pre-planning, requires court order

Microsoft:

• Next of Kin process for Outlook, OneDrive
• Provides data DVD to verified family
• Account is eventually deleted

Twitter/X:

• Deactivation request by verified family member
• Limited data access options
• Account removal upon request with documentation

Cryptocurrency Challenges

Cryptocurrency presents special problems:

Private Key Access: Without the private key or seed phrase, cryptocurrency is likely lost forever. No company or court can recover it.

Hardware Wallets: Physical devices containing crypto require PINs and passwords.

Exchange Accounts: Cryptocurrency held on exchanges (Coinbase, Kraken) is more accessible through normal probate procedures.

Documentation Critical: The only way to ensure crypto passes to heirs is documenting access information securely.

Planning for Your Digital Assets

Step 1: Inventory Your Digital Assets

Create a full list:

Step 2: Use Provider Tools

Take advantage of built-in legacy features:

Google Inactive Account Manager:

• Set time period of inactivity
• Designate up to 10 trusted contacts
• Choose what data to share
• Option to delete account

Facebook Legacy Contact:

• Designate someone to manage your profile after death
• Choose memorialization preferences
• Download your data option

Apple Digital Legacy:

• Add Legacy Contacts
• They receive access key
• Works with your Apple ID data

Step 3: Document Access Information

Create a secure record of:

• Account usernames and passwords
• Two-factor authentication backup codes
• Security question answers
• Cryptocurrency private keys and seed phrases
• Password manager master password

Storage Options:

• Password manager with emergency access feature
• Encrypted document with key stored separately
• Physical document in safe deposit box
• Attorney's secure storage

Step 4: Update Your Estate Plan

Include digital asset provisions in your will or trust:

Authorization Language:

"I authorize my executor/trustee to access, manage, and control my digital assets, including the content of electronic communications, to the fullest extent permitted by law."

Specific Instructions:

"My cryptocurrency holdings shall be transferred to [beneficiary]. My executor shall have full authority to access my cryptocurrency wallets and exchanges."

Step 5: Designate a Digital Executor

Consider naming someone tech-savvy to handle digital assets specifically:

• May be same as your executor or different
• Should understand cryptocurrency if you own any
• Should be trusted with sensitive information

Executor's Guide to Digital Assets

Discovery Phase

Physical Search:

• Computers and laptops
• Smartphones and tablets
• External hard drives
• Hardware wallets (look like USB drives)
• Paper records with account information

Digital Search:

• Email for account notifications
• Browser saved passwords
• Password manager
• Financial records showing digital purchases

Paper Trail:

• Bank statements showing digital transactions
• Credit card charges to digital services
• Tax returns (especially for cryptocurrency)

Accessing Without Passwords

If you cannot find login credentials:

1. Check password managers - May be accessible on unlocked devices
2. Use password reset - If you have access to the email account
3. Contact providers - With death certificate and court documents
4. Petition the court - For order compelling access under RUFADAA

Valuation Challenges

Cryptocurrency:

• Highly volatile. Document value at date of death
• Use exchange rates from reputable sources
• May need to report as part of estate inventory

Digital Businesses:

• Websites and online businesses require professional valuation
• Revenue, traffic, and customer data affect value

Digital Collections:

• NFTs and digital art may have significant value
• Gaming accounts with rare items can be valuable

Security Concerns

Change Passwords: Once you have access, change passwords to prevent unauthorized access.

Enable Two-Factor: Add additional security to prevent hacking during administration.

Beware of Scams: Do not respond to unsolicited offers to "help" with cryptocurrency.

Common Complications

Terms of Service Conflicts

Many providers' terms technically prohibit sharing login credentials. RUFADAA overrides these terms in California, but some providers still resist.

Solutions:

• Cite California Probate Code Section 873
• Provide court documentation
• Request manager escalation
• Consider legal action if necessary

Multi-State Issues

If the decedent lived in California but the provider is elsewhere:

• California law governs the estate
• RUFADAA applies to California proceedings
• Providers in states without RUFADAA may still resist

Lost Cryptocurrency

If private keys cannot be found:

• The cryptocurrency is likely gone permanently
• No legal process can recover it
• This is why planning is critical

Account Licenses vs. Ownership

Many digital "purchases" are actually licenses:

• iTunes music is licensed, not owned
• E-books are licensed, not owned
• Licenses typically terminate at death
• This affects what passes to heirs

Privacy Considerations

The Decedent's Privacy

RUFADAA protects privacy even after death:

• Content of communications requires explicit authorization
• Catalog-only access is the default
• Some secrets may appropriately stay secret

Beneficiary Privacy

Be careful with:

• Communications between decedent and beneficiaries
• Private matters revealed in emails
• Photographs that may embarrass

Legal Obligations

Executors should not:

• Share private information unnecessarily
• Access accounts without authorization
• Use information for personal benefit

Frequently Asked Questions

What is RUFADAA?

RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act) is California law (Probate Code 870-884) that governs fiduciary access to digital assets. It provides a framework for executors to access online accounts while protecting privacy.

Can an executor access email without permission?

Under RUFADAA, an executor can access a catalog (list of emails, senders, dates) but not the content unless the decedent specifically authorized content access in their estate plan or through the provider's online tool.

What happens to cryptocurrency when someone dies?

Cryptocurrency passes to beneficiaries like other assets, but access requires the private keys or seed phrases. Without this information, the cryptocurrency may be permanently inaccessible. Planning ahead is critical.

How do I access a deceased person's Facebook?

Contact Facebook through their memorialization request process. Options include memorializing the profile, requesting removal, or accessing data (with appropriate documentation). A designated Legacy Contact can manage some features.

Should I share my passwords with my executor?

Rather than sharing all passwords, consider using a password manager with emergency access, creating a secure document stored with your estate plan, or using provider legacy features. Balance access against security during your lifetime.

Related Guides

• California Executor Duties
• California Probate Process
• California Revocable Living Trust
• California Probate Inventory

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Sources:

• "California Probate Code Sections 870-884," California Legislative Information, 2024, https://leginfo.legislature.ca.gov/
• "Revised Uniform Fiduciary Access to Digital Assets Act," Uniform Law Commission, 2015, https://www.uniformlaws.org/committees/community-home?CommunityKey=f7237fc4-74c2-4728-81c6-b39a91ecdf22
• Google, Facebook, Apple, and Microsoft deceased user policies (accessed January 2026)

This guide provides general information about digital assets in California probate. Consult with a California probate attorney for advice specific to your situation.