When making your estate plan, consider what you want to happen with your digital legacy—that is, all of your accounts, blogs, social networking identities, and digital files that will be left online when you die. Many of these items cannot be left through your will or other estate planning device because you don't actually own them. However, if you know what you'd like to have happen, you can leave meaningful instructions for your executor, who should be able to carry out your wishes.
When thinking about your digital legacy, consider:
Most of your online accounts won't pass through your will or other estate planning devices because they aren't your property. Social network accounts, domain name registrations, email accounts, and most other types of online accounts are "yours" by license only. When you die, the contract is over, and the business that administers the account controls what happens to it.
However, you can still affect the fate of these accounts fate to some degree: You can leave instructions to those who will be wrapping up your estate that describes your wishes. (For a few accounts, you may also be able to designate a legacy contact during your lifetime.) That way, although you can't legally transfer your "ownership" of these accounts, you can still plan for what should happen to them after you die. Here are examples of popular online accounts and instructions that you might want to leave about them.
You may wonder what will happen to your social media account—such as Instagram, Facebook, Twitter, TikTok, Snapchat, or LinkedIn—when you die. The answer is that it depends. Each company has its own policy on what to do with the accounts of deceased members. Some (such as Facebook) allows your loved ones to put the account into "memorial" status so that the account can still be viewed, and memorial messages may be left. Other companies will delete or deactivate the account
However, in most cases, if no one tells the company about the death, it won't know—at least for a while. This gives you a window to have someone make changes to your account after your death. For example, you could have your executor post a final status update or tweet after your death. Or you could request to have certain things deleted from your account. Or you could ask your executor to delete the account altogether.
Facebook allows you allow you to designate a legacy contact to manage your account after you die. Doing this often makes sense if you have one specific person in mind, you want to make it easy and above-board for that person to manage your account, and you're okay with how the company limits what that person can do. However, if you want more than one person to have access, or don't want the limits that the company will put on your account, then leaving separate instructions may be a better choice.
Like social networks, what happens to your email accounts depends mainly on the policy of the company that administers your account—for example, Google (Gmail), Yahoo, Microsoft (Outlook), or for your work email, your employer. At some point after your death—the timing depends on the company's policy—your account will be deleted. However, you could instruct your executor to send, delete, print, or archive emails before the account expires. For example, maybe there is an email from your child that you think your grandchild would enjoy reading. Or maybe there are certain emails that you would prefer to have deleted altogether.
If you write a blog, you may want to ask your executor to let your readers know about your death, to take the blog down, or to archive its contents.
If you have licensed a domain name, consider what you'd like to have to happen to it as well. Your executor may be able to transfer, end, or continue paying for your license.
If you belong to any online communities—such as a community listserv, or an online book group—you may want to notify them about your death or leave them with a final message.
If you store music, photos, movies, or other digital files online, you have two things to consider: how your executor will access the files, and what you want done with the files after they've been accessed.
If you don't leave access to your online storage account, eventually the account will be disabled and no one will be able to access the files. If you want to make sure that the files eventually get to your loved ones, leave instructions for how to access these accounts with your executor (see below).
If you own the contents of the files—for example, photos you have taken, or music that you've paid for—you can use your will or living trust to leave these items to your friends or loved ones. Just describe them well ("all of my photographs of the Grand Canyon stored in my Snapfish account") and make sure that your executor has the information needed to access the account and download the files.
If you sell your wares on a site like Amazon, eBay, or Etsy, leave instructions for your loved ones about what to do with your store. If the company knows about your death, you won't be able to decide what happens to the account itself, but you should be able to leave all of the items you sell (as well as any profits that continue to come in) through your will or living trust. If you want someone else to run the store after you die, check your agreement with the administering company—your account may not be transferable. Instead, the new "owner" may have to open a new account.
Your executor will be forever grateful if you leave clear instructions about how to access your financial accounts and utilities online. Use your will or trust to leave the contents of your financial accounts to your loved ones (such as the money in your bank account). But during probate, your executor will need access to these accounts to pay bills and wrap up your estate.
Consider whether you need to leave instructions about how to access the online accounts for:
Leave instructions for your executor about what to do with (and how to access) your online accounts. The easiest way to do this is to write your instructions and log-in information in a letter and store the letter with your other estate planning documents.
If you choose not to leave login information, your estate representative may still be able to get limited access to some of your accounts. Most states now have laws that give your estate representative the power to request access to digital assets needed to wrap up the estate. However, doing so requires dealing with the probate court and the company that holds the information, which will undoubtedly add time and hassle to the process. And your executor won't get access to anything unrelated to wrapping up your estate. So there will be no access to items of only sentimental value, such as specific meaningful emails, online journals, or online communities, which may be the very things you'd want your loved ones to have. For all of these reasons, a clear letter will be an enormous help to your executor.
The letter doesn't need to be anything special (it won't be a legally binding document), so you can just write it on your word processor.
Or consider using WillMaker's "Information for Caregivers and Survivors" document to leave an inventory of your online accounts in an easy-to-make, plain-English document.
Learn more about Wills, Trusts, and Estates and Getting Your Affairs in Order on Nolo.com.