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Digital Assets and Estate Planning in Wisconsin
Support GuideWisconsin11 min read

Digital Assets and Estate Planning in Wisconsin

How to plan for and access a deceased person's digital assets in Wisconsin under RUFADAA: online legacy tools, will and POA language, crypto, executor access.

By Settled Editorial

Most Wisconsin estates now include property that has no paper form: email and cloud photos, social media accounts, an online bank login, maybe a Coinbase balance or a hardware wallet in a drawer. These digital assets carry real financial and sentimental value, yet a family often has no idea an account exists, let alone how to reach it. This guide explains how Wisconsin law lets a fiduciary access a deceased person's digital assets, what you can do now so your own personal representative is not locked out, and where cryptocurrency needs special handling. It pairs with the Wisconsin estate planning basics guide, which covers the core documents every adult needs.

Wisconsin adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), the model law that nearly every state now uses to sort out who may reach a person's online accounts after death or incapacity. In Wisconsin it lives in the Wisconsin Statutes as Wisconsin's RUFADAA (Wis. Stat. Chapter 711, Digital Property). The law does two jobs at once: it gives your fiduciary a legal path to the accounts they need to settle the estate, and it protects the privacy you reasonably expected while you were alive.

What Counts as a Digital Asset

RUFADAA defines a digital asset broadly as an electronic record in which a person has a right or interest. In practical terms, that sweeps in nearly everything you own or manage online:

  • Email accounts such as Gmail, Outlook, and Yahoo Mail
  • Cloud storage and photo libraries on iCloud, Google Drive, or Dropbox
  • Social media accounts on Facebook, Instagram, X, LinkedIn, and TikTok
  • Cryptocurrency and exchange accounts including Bitcoin, Ethereum, tokens, and balances on Coinbase or Kraken
  • Domain names and websites the person registered or ran
  • Online financial accounts like online banking, PayPal, and Venmo
  • Loyalty and rewards balances such as airline miles and credit card points
  • Subscriptions for streaming, software, and storage that keep charging the estate
  • Digital business assets like an Etsy or Shopify store, an ad account, or an affiliate account

One line matters for estate work: the digital asset is the electronic record itself, not the money behind it. The dollars in an online bank account still pass through Wisconsin's ordinary financial and probate rules. RUFADAA governs the login and the records, not the underlying account balance.

The Three-Tier Priority System

RUFADAA answers the access question with a clear order of priority. A fiduciary and a family should walk down it in order.

Tier 1: An Online Tool the Provider Offers

If the provider gives users a built-in way to say what happens to an account, and the person used it, that choice controls above everything else. These online tools include:

  • Google Inactive Account Manager, which lets you name people to receive specific data (or delete the account) after a set period of inactivity
  • Facebook Legacy Contact, which names someone to manage a memorialized profile
  • Apple Digital Legacy, which names a legacy contact who can request access to iCloud content after death

A valid online tool designation beats your will. If you used Google Inactive Account Manager to send your Gmail data to your daughter, your personal representative cannot override that and route it to your son. That is why setting these tools now is the single most reliable step you can take.

Tier 2: Your Will, Trust, or Power of Attorney

If no online tool applies, RUFADAA looks to your own legal documents. Directions in a will, a trust, or a power of attorney that address digital assets control at this tier. A will clause granting your personal representative authority over your digital accounts, or a trust that names your digital property, gives your fiduciary a solid legal basis to ask providers for access.

Tier 3: The Provider's Terms of Service

If there is no online tool and no direction in your documents, the provider's terms of service decide. This is the weakest position. Many platforms restrict account sharing and give a personal representative little or nothing beyond memorialization or deletion. Relying on the terms of service means accepting whatever each company chooses to allow.

Catalogue Versus Content of Communications

RUFADAA draws one distinction that surprises many families. It splits electronic communications, such as email and private messages, into two layers:

  • The catalogue is the metadata: who a message was to or from, the date and time, and often the subject line.
  • The content is the actual text of the message.

By default a fiduciary can obtain the catalogue of electronic communications, but reaching the content requires the deceased person's explicit consent, given through an online tool or written into the will, trust, or power of attorney. Without that consent, a personal representative may learn that emails were exchanged with a bank but not read what they said. This is exactly why generic "my personal representative may handle my affairs" language often is not enough for email content, and why specific authorization matters.

Steps to Take Now

A few deliberate steps while you are healthy save your family months of frustration later.

Use the Online Legacy Tools Today

Set up the provider tools on the accounts that matter. They take minutes and sit at the top of the priority order:

  • Google: Data and privacy settings, then "Make a plan for your account"
  • Facebook: Settings, then Memorialization Settings, to name a Legacy Contact
  • Apple: Your name, then Password and Security, then Legacy Contact

Add Explicit Authorization to Your Documents

Ask the attorney who prepares your will, trust, or power of attorney to include a digital assets clause that authorizes your fiduciary to access, manage, and close your digital accounts, and that expressly consents to disclosure of the content of your electronic communications. That consent is what unlocks Tier 2 for email and messages. If you hold accounts jointly with a spouse, note that Wisconsin is a marital property state, so ownership of a shared digital account can turn on your marital property agreement as well as the provider's records.

Keep an Inventory, Not a List of Passwords

Build a running inventory of your accounts and where the credentials live, then keep it current. Do not put passwords in your will, because a will becomes public record when it is filed with the Register in Probate. Instead:

  • Store credentials in a password manager and arrange for your fiduciary to reach the master password
  • Keep a sealed letter of instruction with your estate documents that lists accounts and how to access them
  • Reference that separate document in your will rather than pasting the details into the will itself

Secure Cryptocurrency Separately

Crypto is the one asset class that can vanish permanently. Store seed phrases and private keys in a safe or safe deposit box, keep them out of any unsecured digital file, and tell your fiduciary where they are without exposing them to everyday risk. More on crypto below.

How a Personal Representative Requests Access After Death

When you are the personal representative of a Wisconsin estate, RUFADAA gives you a workable path. The executor duties guide covers the broader role, and the steps below are specific to digital accounts:

  1. Check for an online tool designation first. Look at each provider's legacy, memorialization, or inactive account pages before anything else.
  2. Review the will and any trust. Confirm what digital asset authority the documents grant, and whether they consent to content of communications. A revocable living trust may hold or reference digital property directly.
  3. Gather your documentation. Providers generally require a certified copy of your domiciliary letters (the court order proving your appointment), a certified death certificate, and a written request. Some ask for an affidavit or, for content, a court order.
  4. Submit the request through the provider's official channel and keep records. Providers differ widely: Google's process is functional, Meta is slower, and some small platforms have no process at all. Document every request and response.

If a provider refuses a request that complies with RUFADAA, a probate attorney can help you enforce your rights, and for the content of communications you may need a court order.

Cryptocurrency: Special Care

Cryptocurrency behaves unlike any other digital asset because no company holds it for you. Access depends entirely on the private key, or the seed phrase (a series of words that regenerates the key).

If the person held crypto on an exchange such as Coinbase or Kraken, the exchange controls the keys, and you can work through its estate process much like a financial institution, providing your domiciliary letters and the death certificate. If the person used a self-custody wallet, a hardware device or a software wallet, then no key means no access. There is no customer service line and no court order that can recover it. The crypto is simply gone.

When settling an estate that may hold crypto, search for a small hardware wallet device, printed or written seed phrases (often 12 or 24 words), files named "wallet," "seed," or "recovery," and any exchange login records. Once you secure access, document the holdings promptly for the inventory, since crypto values swing sharply and the date-of-death value sets both the estate figure and the beneficiary's basis.

Stay Within Authorized Access

One caution runs through all of this. Using a deceased person's stored password to log in, even with good intentions, sits in a legal gray area. Federal law, including the Computer Fraud and Abuse Act and the Stored Communications Act, restricts unauthorized computer and account access, and most providers' terms forbid password sharing. The safer path is to use the RUFADAA process and the provider's official channels rather than self-help logins. When in doubt, a Wisconsin estate attorney can tell you where the line sits.

Frequently Asked Questions

Does my Wisconsin personal representative automatically get into my online accounts?

No. Access depends on the directions you left. If you used an online tool or added digital asset authority to your will, trust, or power of attorney, your personal representative has a legal basis to request access. Without either, the provider's terms of service control, and many restrict what a fiduciary may see.

Can a provider refuse my fiduciary's request?

A provider can require proper documentation, such as your domiciliary letters, a death certificate, and a written request, and can insist on a court order for the content of communications. It cannot lawfully refuse a valid request that complies with Wisconsin's RUFADAA.

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

For a self-custody wallet, it is effectively lost forever. No central authority can recover crypto without the private key or seed phrase, which is why securing and documenting them matters so much.

Should I put my passwords in my will?

No. A will becomes public record when it is filed with the Register in Probate. Keep passwords in a password manager or a sealed letter of instruction and reference that separate document in your will.

Related Wisconsin Guides

Sources:

This guide provides general information about digital assets and RUFADAA in Wisconsin. Digital asset planning involves legal and technical choices specific to your situation, so consult a Wisconsin estate planning attorney for advice on your accounts. It is not legal advice.