Smith Attorneys Group

Estate Planning

Digital Assets

Digital assets should be included in your estate plan. Any content that is stored in digital format can be considered a digital asset. Your estate plan should include a comprehensive list of your digital assets. Your estate plan should also include a thorough list of passwords for your executor or personal representative. Without this information digital privacy laws can make it difficult for your executor or personal representative to access your accounts. It is important to include language giving lawful consent for providers to divulge the contents of your digital assets to your executor or personal representative. This can streamline the process of transferring these assets to your intended beneficiaries. In addition to email and social media accounts, most people also own a trove of digital assets, which can include:


  • Non-fungible tokens
  • Cryptocurrencies such as bitcoin
  • Avatars in games that provide services or products for real money
  • Monetized online video channels and social media accounts
  • Blogs and websites
  • Online gambling accounts
  • Rights to digital theater works, movies, music or literature
  • Domain names
  • Digital videos and photos
  • Digital music files
  • Online marketplace stores
  • Photo and video sharing and storage accounts

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