Technology—Probate: The Digital Executor: Managing Online Assets in Modern Estate Planning
The concept of a “digital afterlife” has emerged as a pressing concern for both estate planners and non-estate planners. As highlighted in a recent New York Times technology column by J.D. Biersdorfer, “How to Prepare for Your Digital Afterlife” (Feb. 12, 2025), the growing number of tools and services designed to help individuals organize and transfer their digital accounts after death reflects the increasing prevalence and complexity of this issue. Biersdorfer asks: ” [h]ow do you want your social media pages, smartphone photos, and computer files handled after you die?” This question underscores that without clear instructions, managing a decedent’s digital estate can become a burdensome and complex process, making proactive planning essential for modern fiduciaries and estate planning professionals.
Estate planners are particularly grappling with managing these assets, partly due to the unique nature of digital assets and the rapidly evolving legal and technological landscape. Increasingly, this task is assigned to a “digital executor,” a fiduciary specifically tasked with handling a decedent’s digital assets. Digital assets fall into several categories, but broadly include online banking credentials, cryptocurrency wallets, payment platforms, photos, emails, cloud storage, profiles on platforms such as social networks or messaging services, domain names, e-commerce accounts, and intellectual property. Each category presents unique challenges in terms of access, valuation, and transferability. These assets often hold significant sentimental value in addition to their monetary value, and their management requires careful planning and consideration. In many cases, the digital executor will interface with service providers, use platform-specific legacy tools, and ensure that any actions taken align with the decedent’s wishes and applicable laws.
The growing role of the digital executor in 2025 is primarily driven by legal reforms, technological innovation, and growing awareness among clients. Technology is becoming increasingly integral to effective estate planning, both traditional and digital. Digital vaults and password managers enable individuals to store account credentials, access instructions, and other sensitive information in encrypted formats. Blockchain technology is being used to facilitate automated transfers of digital assets through “smart contracts.” AI platforms are being used to assist in drafting documents and simulating potential future outcomes.
Digital estate planning is likely to become a standard component of fiduciary risk management as more assets move online and as courts continue to recognize their value. By embracing legal frameworks like RUFADAA, using technological tools, and educating clients, planners can ensure that digital assets are managed with the same care and precision as traditional ones.
For more information see Emma Connor “Technology—Probate: The Digital Executor: Managing Online Assets in Modern Estate Planning,” ABA Probate and Property Journal, December 30, 2025.