Digital Asset Planning: What’s New When it Comes to Protecting Your Online Legacy

Living online is now the norm. As you rely on the internet to do your banking, shopping, connecting with loved ones, doing your job, and even running your business, you build a vast collection of digital assets. And these assets can be just as valuable, sometimes even more, than your physical belongings.

That’s why estate planning in 2025 must cover both. Just as you must plan who will inherit your home, car, and other physical properties, you also need a strategy for your online accounts, digital property, and encrypted files. The digital world is more complex than ever, with evolving platform policies, new technologies, and changing laws.

At Rilus Law, we’ve written extensively on this topic. In this post, we’ll focus on what’s new in digital estate planning and share practical tips for managing access, encryption, instructions, and legal authority. Use this guide to protect your digital assets and secure your online legacy.

What are Digital Assets? Why Do They Matter?

A digital asset is any property that exists in digital form that you can own, use, buy, or transfer online. These can be anything that has financial, professional, and even sentimental value. Some common examples of digital assets are:

  • Financial - Online banking, PayPal, Venmo, cryptocurrency, investment platforms.

  • Business - Website, e-commerce store, client database, intellectual property, digital contracts.

  • Social - Email, Facebook, Instagram, TikTok, LinkedIn, YouTube, X/Twitter.

  • Data - photos or videos stored in the cloud, such as Apple iCloud, Dropbox, Google Drive, etc.

  • Subscriptions and memberships - Google, Apple, streaming services (Netflix, Hulu, etc.), Amazon, software accounts.

  • Creative work - Blogs, music, videos, digital art, online portfolios.

  • Others - non-fungible tokens (NFTs), loyalty points, gaming accounts.

You alone can tell whether any of these are valuable to you, so you decide what your digital assets are. How? If losing access would cause legal, financial, or emotional problems for you and your family, it is worth protecting. Without a clear plan, these assets could be frozen, lost, or even misused.

Through proper digital estate planning, you can effectively transfer the ownership of your digital assets in the event of your passing. Thus, you can ensure that your loved one will have access to your social media, personal photos and videos, manage your website, or access your crypto account.

What’s New in Digital Estate Planning in 2025?

Digital estate planning is more important than ever because:

Technology is evolving.

More people now own cryptocurrencies (such as Bitcoin and Ethereum), NFTs, or operate online businesses. Apple’s Legacy Contact and Google’s Inactive Account Manager tools give new options for managing accounts. You must include these new assets and consider these platform tools in your estate planning strategies.

The law has changed.

Most states now use the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which provides an updated framework for estate planning of digital assets. You must create strategies around this framework to ensure that you grant legally valid access and authority to your estate executor or digital heir.

Access is more restricted.

Most online platforms, including Google, Apple, and Meta/Facebook, have updated their terms of service, now featuring more restrictions that prevent anyone but the account holder, even immediate family members, from accessing accounts. Without planning, your loved ones may not be able to log in legally. Read our article on iCloud Terms of Service and Digital Assets for a closer look.

Security risks are higher.

Hacking and identity theft are more prevalent than ever. Upon death, your online accounts become dormant. These accounts become targets for hackers and identity thieves who can use your information for illegal and fraudulent activities. Consequently, your bereaved loved ones may be liable for the effects of these activities. 

Digital assets are becoming more valuable.

While there is no guarantee that your digital assets will increase in value over time, current trends show that the market for financial digital assets is expected to continue growing. Your assets today will increase in value even if you, the original owner, pass. If you own crypto wallets, domain names, online investment portfolios, or monetized accounts, these carry real financial value that will keep growing and can benefit your loved ones long after you’re gone.

Digital Estate Planning Checklist for 2025

To help you get started, here’s a step-by-step digital estate planning checklist you can follow today:

1. Create a List of Digital Assets.

Take an inventory of all your digital assets. To make sure you don’t miss anything, keep a journal or online diary. Make a note of what online platform or application you use every day. This will give you an idea of what you use frequently. Note also any accounts that are no longer in use. This is the time to close or take down those accounts.

2. Organize and Secure Access Information.

Review the list of your active online accounts that hold digital assets. Gather your access data from each of these, organize them, and keep them in a secure location:

  • Use a secure password manager to store your login credentials.

  • Encrypt sensitive files, such as cryptocurrency, but maintain a list of encryption keys and corresponding decryption instructions.

  • Avoid writing your access information or listing your digital assets in a will since wills can become public records.

  • Instead, keep them in a separate, secure location and reference them in your will. Consider setting up a Digital Asset Trust, a much more private, flexible, and efficient option to managing your digital estate.

3. Provide Clear Instructions.

Decide what happens to each of your assets in the event of your death:

  • Should the account be deleted or memorialized?

  • Who should inherit the monetary values of a financial account? 

  • What happens to the photos or documents in your accounts?

Review the terms of service of the platforms you have an account on so that you follow their specific rules and use their recommended tools. Write clear, detailed instructions to make sure your wishes are followed and avoid confusion for your loved ones or executor. 

4. Grant Legal Authority.

Often, allowing access to your online accounts isn’t enough. You can provide your access information and allow your son, for example, to access your iCloud account, but without legal authority, he may not be able to transfer your data legally. Depending on the account platform’s policies, in this example, Apple’s policies, you may need to complete a beneficiary designation within that platform, or you may need a will, trust, or pertinent legal documents to grant legal authority.

5. Communicate and Update Regularly.

Communicate with your family or other people concerned. Ensure they are aware of your digital estate plan and know how to access it when the time comes. Just like traditional estate planning, you should review your digital estate plan:

  • After major life events (marriage, divorce, business launch, etc.)

  • When you open new accounts or acquire new digital property

  • Every 1-2 years to stay current with technology and platform policies

Start Digital Asset Planning Today

In 2025, protecting your digital property is no longer optional, but an essential part of securing your legacy. That’s why, at Rilus Law, we don’t focus solely on physical assets, because both physical and digital assets are vital to a comprehensive strategy. We’ve seen firsthand how overlooked digital assets, such as online accounts, digital wallets, and cloud-stored memories, can lead to unnecessary stress, financial loss, and even legal disputes.

Don’t let your online legacy slip through the cracks. With a comprehensive plan tailored to both your physical and digital assets, you can ensure your loved ones have access, authority, clarity, and peace of mind.

Ready to secure your digital estate? Contact Rilus Law to begin digital estate planning today!

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