Ohio Digital Assets in Estate Planning: Managing Online Accounts After Death

Ohio digital assets estate planning has become an important part of estate planning as more of our lives, finances, and memories exist online. From cryptocurrency wallets and online banking to social media profiles and cloud-stored family photos, digital property requires deliberate planning. Without it, your fiduciaries may be locked out of valuable accounts, important records may be lost, and your family may face months of frustration trying to access what you left behind.

Ohio adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) under Ohio Revised Code (ORC) Chapter 2137 to give fiduciaries a legal framework for accessing digital assets. This guide explains what the law covers, how fiduciaries gain access, and how to plan for every type of digital property.

What Are Digital Assets Under Ohio Law?

Under RUFADAA (ORC 2137.01), a "digital asset" is an electronic record in which an individual has a right or interest. This broad definition covers virtually anything stored or managed electronically.

Financial Digital Assets

Cryptocurrency:

• Bitcoin, Ethereum, and other digital currencies
• Tokens and non-fungible tokens (NFTs)
• Digital wallets (hot wallets and cold storage)
• Exchange accounts (Coinbase, Kraken, Binance)
• Private keys and seed phrases

Online Financial Accounts:

• Online banking and bill pay
• Payment platforms (PayPal, Venmo, Zelle)
• Investment apps (Robinhood, Fidelity)
• Peer-to-peer lending accounts

Online Business Assets:

• E-commerce stores (Etsy, Shopify, Amazon seller accounts)
• Domain names and websites
• Advertising accounts (Google Ads, Facebook Ads)
• Affiliate marketing accounts
• Software licenses and subscriptions

Personal Digital Assets

Communications:

• Email accounts (Gmail, Yahoo, Outlook)
• Text and messaging history
• Voicemail recordings

Social Media:

• Facebook, Instagram, X (Twitter)
• LinkedIn, TikTok, YouTube
• Reddit, Pinterest, Snapchat

Storage and Media:

• Cloud storage (Google Drive, Dropbox, iCloud)
• Photo and video libraries
• Music libraries (iTunes purchases)
• E-book collections (Kindle)

Other:

• Loyalty and rewards program points
• Gaming accounts and virtual property
• Streaming service subscriptions
• Password manager vaults

Ohio's RUFADAA Framework

Ohio enacted RUFADAA (ORC Chapter 2137) to provide a consistent, legal framework for fiduciary access to digital assets. The law balances the account holder's privacy with the fiduciary's need to manage the estate.

Key Principles

User Direction Takes Priority: The account holder's own instructions for digital assets override everything else. If you use an online tool (like Google's Inactive Account Manager or Facebook's Legacy Contact) to specify what happens to your account, that direction controls.

Then the Estate Plan: If you did not use an online tool, instructions in your will, trust, or power of attorney control access.

Then the Terms of Service: If you left no direction at all, the platform's terms of service govern what a fiduciary can access.

The Three-Tier Priority System

This priority system means you can override restrictive terms of service by including digital asset provisions in your estate plan.

Four Types of Digital Assets

RUFADAA distinguishes between different types of digital access, and the law treats them differently:

1. Catalogue of Communications

A catalogue is the list of communications (email addresses, subject lines, dates) without the actual content. Fiduciaries generally can access catalogues with court authorization.

2. Content of Communications

The actual substance of emails, messages, and other private communications. This has the highest privacy protection. A fiduciary needs specific authorization from the account holder or a court order to access content.

3. Other Digital Assets

Non-communication digital assets like files, photos, financial records, and documents. Fiduciaries can generally access these as part of their duties unless the account holder restricted access.

4. Digital Assets with Financial Value

Cryptocurrency, domain names, online businesses, and similar assets with monetary value. Fiduciaries have a duty to identify, protect, and manage these assets just like physical property.

How Fiduciaries Access Digital Assets

Executor or Administrator Access

If you are the executor of an Ohio estate, RUFADAA gives you tools to access the deceased person's digital assets:

1. Check for online tool directions first. Did the deceased set up any platform-specific tools?
2. Review the will and trust. Look for specific digital asset provisions.
3. Contact custodians (platforms). Provide a certified copy of the letters of authority, death certificate, and a written request.
4. Request court authorization if needed. For content of communications or if the platform resists, you may need a court order.

Trustee Access

If you are the successor trustee handling Ohio trust administration, the trust document governs your access. The trust should directly address digital assets. Present the trust document, death certificate, and your identification to custodians.

Power of Attorney Agent Access

If you hold a power of attorney for a living person who has become incapacitated, RUFADAA allows you to manage digital assets. The power of attorney should include specific digital asset authority.

What Custodians Can Require

Under ORC 2137.07, a custodian (the platform or service provider) can require:

• A written request
• Certified copy of the death certificate
• Certified copy of letters of authority or trust certification
• An affidavit stating the requested information is needed for estate administration
• A court order (in some cases)

The custodian must respond within 60 days of receiving a complete request.

User Direction: Online Tools vs. Estate Plan Language

Platform-Specific Online Tools

Major platforms offer tools to plan for account access after death:

Google (Inactive Account Manager):

• Set a timeout period (3-18 months of inactivity)
• Choose up to 10 trusted contacts to receive data
• Option to delete your account automatically

Facebook (Legacy Contact):

• Designate someone to manage your memorialized profile
• Choose to have your account deleted instead
• Legacy contact can pin posts, respond to friend requests, update profile photos

Apple (Digital Legacy):

• Name legacy contacts in your Apple ID settings
• Contacts receive an access key
• Can access iCloud data, photos, messages after your death

Instagram:

• Memorialization upon request with proof of death
• Removal upon request by immediate family

Estate Plan Language

Even with online tools, include digital asset provisions in your estate plan. Sample language for a will or trust:

"I authorize my fiduciary to access, manage, and distribute all of my digital assets, including but not limited to email accounts, social media accounts, financial accounts, cryptocurrency, cloud storage, and any other electronic records, to the fullest extent permitted by law."

This language gives your fiduciary the broadest possible authority under RUFADAA.

Planning for Cryptocurrency

Cryptocurrency presents unique challenges because it may be the only asset class that can be permanently lost without proper planning.

Why Crypto Needs Special Planning

• Private keys: If no one knows your private keys or seed phrases, the cryptocurrency is gone forever
• No central authority: Unlike a bank, there is no customer service to reset access
• Volatile value: Prices can change dramatically, requiring timely access
• Multiple platforms: You may hold crypto across several exchanges and wallets

How to Plan

Document Your Holdings:

• List every exchange account, wallet, and holding
• Record wallet addresses and types (hot wallet, cold storage, hardware wallet)
• Note approximate values

Secure Your Access Credentials:

• Store seed phrases and private keys in a secure location (fireproof safe, safe deposit box)
• Do not store them digitally in an unsecured location
• Consider splitting the seed phrase between two secure locations

Include Crypto in Your Estate Plan:

• Name your crypto in your trust or will
• Authorize your fiduciary to manage and sell cryptocurrency
• Provide instructions (or a letter of instruction) on how to access your wallets
• Consider naming a tech-savvy co-fiduciary for crypto management

Exchange Accounts:

• Most exchanges (Coinbase, Kraken) have a deceased account holder process
• Your fiduciary will need death certificate, letters of authority, and identification
• Transfers may take several weeks

Social Media After Death

Memorialization

Most platforms offer memorialization, which preserves the profile while preventing new logins:

• Facebook: Memorialized profiles show "Remembering" before the name. Legacy contact can manage the page.
• Instagram: Memorialized accounts remain visible but cannot be logged into.
• X (Twitter): Accounts can be deactivated upon request from family or estate.
• LinkedIn: Profiles can be memorialized or removed upon request.

Account Deletion

If the deceased wanted their accounts deleted, the fiduciary can request removal:

• Provide proof of death (death certificate)
• Prove your authority (letters of authority, court order)
• Follow each platform's specific process

Monetized Accounts

YouTube channels, Instagram accounts, and other platforms with advertising revenue require special attention. These may have ongoing income that the estate should collect. Coordinate with the platform and consider whether to maintain, transfer, or close these accounts.

Email and Cloud Storage

Email Access

Email often holds the keys to everything else: account recovery links, financial statements, legal documents, and personal communications.

Under RUFADAA, accessing the content of email requires specific authorization from the deceased or a court order. A fiduciary can generally access the catalogue (list of senders, dates, subject lines) more easily than the actual content.

Cloud Storage

Cloud storage services (Google Drive, iCloud, Dropbox) often contain:

• Financial records and tax documents
• Legal documents (contracts, deeds, insurance policies)
• Family photos and videos
• Business files

These are generally treated as non-communication digital assets, making fiduciary access more straightforward than email content.

Practical Steps

1. Identify all email and cloud accounts
2. Check for platform-specific death procedures
3. Submit required documentation
4. Download and secure all important files
5. Maintain accounts until all needed information is retrieved

Including Digital Assets in Will or Trust

Will Provisions

Add a specific digital assets clause to your will:

• Grant broad authority to access all digital assets
• Authorize the fiduciary to manage, sell, or delete accounts
• Reference RUFADAA (ORC Chapter 2137) explicitly
• Include a definition of digital assets to ensure nothing is missed

Trust Provisions

If you have a revocable living trust, include parallel provisions:

• Authorize the trustee to access and manage digital assets
• Address cryptocurrency directly
• Include provisions for both incapacity and death
• Grant authority to hire technical experts

Power of Attorney

Update your financial power of attorney to include:

• Authority to access and manage digital assets during incapacity
• Authority to hire technical assistance
• Specific reference to RUFADAA

Steps to Create a Digital Asset Inventory

A digital asset inventory is the single most important step you can take. Here is how to create one:

Step 1: List All Accounts

Go through your devices, email, and browser password manager. Document:

• Account name and platform
• Username and email associated
• Type of account (financial, social, storage, etc.)
• Approximate value (if applicable)

Step 2: Record Access Information

For each account, note:

• Login credentials (or where they are stored)
• Two-factor authentication method
• Recovery email or phone number
• Security questions and answers

Step 3: Store Securely

Keep your inventory in a secure location:

• A password manager with a master password shared with your fiduciary
• A sealed envelope in a safe deposit box or fireproof safe
• A letter of instruction referenced in your will or trust

Step 4: Keep It Updated

Review and update your inventory at least annually. Add new accounts, remove closed ones, and update any changed credentials.

Step 5: Tell Your Fiduciary

Make sure your executor, trustee, or power of attorney agent knows:

• That the inventory exists
• Where to find it
• How to access it (master password, safe combination)

Use our Ohio estate settlement checklist to ensure digital asset access is part of your overall administration plan. Do not include the actual inventory in your will, as wills become public record during probate. Reference a separate document instead.

Frequently Asked Questions

Does my executor automatically have access to my digital accounts?

No. Under Ohio's RUFADAA (ORC Chapter 2137), access depends on your directions. If you used an online tool or included digital asset provisions in your estate plan, your executor has a legal basis for access. Without either, the platform's terms of service control, and many platforms restrict access.

Can a platform refuse my fiduciary's request?

A platform can require proper documentation (death certificate, letters of authority, written request) and can insist on a court order for the content of communications. But they must respond within 60 days and cannot refuse a valid request that complies with RUFADAA.

What happens to my cryptocurrency if no one has my private keys?

It is effectively lost forever. There is no central authority to recover cryptocurrency without the private key or seed phrase. This is why planning for crypto access matters so much.

Should I store passwords in my will?

No. Wills become public record when filed with the probate court. Store passwords in a separate secure location (password manager, sealed envelope in a safe) and reference that location in your will or trust.

Does RUFADAA apply to all types of fiduciaries?

Yes. RUFADAA covers executors, administrators, trustees, guardians, conservators, and power of attorney agents. The scope of access varies by fiduciary type and the account holder's directions.

What about jointly held digital accounts?

If you share an account with someone (like a joint bank account accessed online), the surviving account holder typically retains access. RUFADAA primarily addresses accounts held by the deceased individually.

Related Ohio Guides

• Ohio Estate Planning Basics
• Ohio Will Requirements
• Ohio Revocable Living Trust
• Ohio Executor Duties
• Ohio Estate Settlement Checklist

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Last Updated: February 2026. This guide provides general information about digital assets in Ohio estate planning. Digital asset planning involves legal and technical decisions specific to your situation. Consult with an Ohio estate planning attorney for personalized advice.