From online bank accounts to cryptocurrency wallets and even social media profiles, our lives are increasingly digital. But while most estate plans account for homes, retirement funds, and personal belongings, many overlook one growing category: digital assets. If you haven’t included them in your plan yet, 2025 is the year to do it.
Digital assets are often protected by passwords, two-step verification, or third-party policies that prevent access without prior authorization. Without legal planning, your loved ones may not be able to retrieve valuable information, financial tools, or even sentimental items like cloud photo storage or personal blogs. In some cases, assets can be lost entirely or locked behind legal barriers for years.
This blog will walk you through why digital estate planning matters, how it works under Nevada law, and what steps to take to secure your online legacy. If your estate plan hasn’t been updated to reflect your digital life, now is the time to revisit it with a trusted attorney.
Understanding Digital Assets in Estate Planning
Digital assets include any electronically stored content or accounts that hold financial, creative, or personal value. This can range from email and social media accounts to domain names, online business platforms, digital currencies, and investment apps. Even subscription services tied to credit cards or payment portals are part of your digital footprint.
Many people are surprised to learn that without clear legal direction, their families may have no authority to access or manage these accounts. This includes online photos, video libraries, or shared documents stored in the cloud. Access is often restricted by privacy laws or user agreements that prohibit third-party use even if the user is deceased.
That’s why listing your digital assets, identifying who should access them, and providing written legal permission is essential. A strong estate plan can designate a digital executor, name specific digital accounts, and ensure that login credentials are handled securely. While traditional assets still form the core of your plan, your digital property deserves equal attention. As technology continues to shape our daily lives, planning for your online legacy becomes just as important as safeguarding your home or savings.
Why Digital Estate Planning Matters More Than Ever
As we rely more on digital tools, platforms, and storage, the value of our online property continues to grow. Whether it holds financial worth or personal significance, this digital information needs to be handled properly. Without a plan, the assets you use every day could become inaccessible or even permanently lost.
Risks of Leaving Digital Assets Unaddressed
When digital assets are not included in your estate plan, your loved ones face major challenges. They may struggle to access important accounts, such as email, online banking, or photo libraries. Some platforms, like Google or Apple, have strict privacy protections that block access without prior written consent. This can delay financial settlements and create emotional frustration, especially if the assets contain irreplaceable memories.
Without legal access, online businesses, income-generating platforms, and digital investments may be frozen or shut down. If you own cryptocurrency, NFTs, or other forms of digital wealth, those accounts could become inaccessible without specific instructions. This puts your family at risk of losing not only sentimental content but actual monetary value. A thoughtful will or trust that includes your digital life prevents these complications.
How Nevada Law Approaches Digital Estate Planning
Nevada has adopted legal frameworks to help individuals incorporate digital assets into their estate plans. Under the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), Nevada allows individuals to authorize a fiduciary such as an executor or trustee to manage digital property. However, that authorization must be written and specific. General language in a will or trust may not be enough.
This means that to fully protect your online assets, you must list them clearly and give your chosen representative legal access. This may involve naming a digital executor or including digital access clauses within a broader estate plan. For blended families, business owners, or tech-savvy individuals, failing to plan can cause unnecessary delays during probate. If your estate involves multiple family members, shared digital platforms, or online revenue streams, this becomes even more critical.
To get started, many families work with an attorney who understands both digital and traditional asset laws. You can also explore marriage and estate planning to ensure that all aspects of your estate including digital property are coordinated and compliant with Nevada regulations.
How to Include Digital Assets in Your Plan
Planning for digital property requires a different approach than traditional assets. The key is to be specific, organized, and legally thorough. With the right documentation and professional guidance, your estate plan can fully protect your digital life and make transitions smoother for your loved ones.
What to Document and Share with Your Attorney
Start by creating an inventory of your digital accounts. This includes email, social media, cloud storage, subscription services, online banking, investment apps, and digital wallets. For each account, list the provider, username, and a description of what the account holds or manages. Do not include passwords in your will or trust directly, but store them in a secure location and let your attorney know how they can be accessed by your executor.
In addition to listing accounts, clearly state your wishes regarding their management or closure. Do you want your social media archived, deleted, or passed on? Should business-related accounts be transferred to a partner or dissolved? These instructions provide direction and reduce confusion. To ensure full alignment, review your retirement and estate planning strategy at the same time, so digital assets are addressed alongside financial ones.
Get Legal Guidance on Protecting Digital Property
Because every platform has its access policy, legal language must be tailored. Nevada law supports digital estate planning, but the authority must be granted through documents like durable powers of attorney, revocable living trusts, or wills. Including your digital instructions in the proper format helps ensure that service providers honor your requests and that your fiduciaries are legally empowered to act.
At the Law Office of Sean M. Tanko, we help Nevada residents build estate plans that are modern, secure, and fully enforceable. Whether you’re adding a digital asset clause to an existing trust or starting from scratch, our team will guide you through each step. We also offer support for clients who want broader asset protection or who are navigating probate and need help recovering digital information.
Conclusion
As we move deeper into a digital-first world, planning for your online legacy is no longer optional. Your digital assets carry real value, and failing to include them in your estate plan can leave loved ones with unnecessary confusion and loss.
A well-crafted plan ensures that your memories, financial tools, and online properties are protected and accessible. It also honors your wishes while helping your family avoid avoidable delays or legal roadblocks.
Ready to take the next step? Contact Sean M. Tanko Law today to add digital estate planning to your Nevada-based estate strategy. We’re here to help you protect your legacy both online and off.
