DIGITAL ASSET INVENTORY

State of Texas

Prepared Pursuant to Tex. Estates Code Ch. 2001 (Texas Revised Uniform Fiduciary Access to Digital Assets Act)

CONFIDENTIALITY WARNING: This document contains sensitive information regarding digital accounts and assets. Store this document in a secure location, such as a fireproof safe, safe deposit box, or encrypted digital vault. DO NOT include actual passwords, PINs, private keys, or seed phrases in this document. Instead, reference a separate secure credential storage method.

ARTICLE I -- OWNER INFORMATION

Full Legal Name: [________________________________]

Date of Birth: [__/__/____]

Social Security Number (last 4 digits): XXX-XX-[____]

Primary Residence Address:
[________________________________]
[________________________________]
City: [________________________________] State: TX Zip: [____]

Primary Telephone: [________________________________]

Primary Email Address: [________________________________]

Date This Inventory Prepared: [__/__/____]

Date Last Updated: [__/__/____]

Texas Community Property Notice: Texas is a community property state under Tex. Family Code § 3.001 et seq. and Art. XVI, § 15 of the Texas Constitution. Digital assets acquired during marriage using community funds or through community effort are presumed to be community property. Both spouses should be identified and should participate in this inventory if community property digital assets are included. The surviving spouse retains their one-half community property interest regardless of what the will states.

Spouse (if applicable): [________________________________]

ARTICLE II -- DESIGNATED FIDUCIARY FOR DIGITAL ASSETS

Pursuant to Tex. Estates Code § 2001.101, the Owner designates the following individual(s) as Fiduciary(ies) authorized to access, manage, and dispose of the Owner's digital assets upon incapacity or death.

Section 2.1 -- Primary Designated Fiduciary

Section 2.2 -- Successor Designated Fiduciary

Section 2.3 -- Scope of Fiduciary Authority

Pursuant to Tex. Estates Code § 2001.211, the designated Fiduciary shall have the following authority (check all that apply):

☐ Access the content of electronic communications (email, text, direct messages) per Tex. Estates Code § 2001.121
☐ Access other digital assets (non-content) per Tex. Estates Code § 2001.122
☐ Access a catalogue of electronic communications only (sender/recipient, date, time)
☐ Manage, distribute, copy, or delete digital assets
☐ Manage cryptocurrency wallets, exchanges, and blockchain-based assets
☐ Manage domain names, websites, and online businesses
☐ Terminate or memorialize social media accounts
☐ Continue or wind down online business operations
☐ Other: [________________________________]

Texas Legal Note: Under Tex. Estates Code § 2001.101, if you have used an online tool provided by a custodian to direct the custodian regarding your digital assets, that direction overrides a contrary direction in your will, trust, power of attorney, or other record. A fiduciary or designated recipient under Texas law does not receive any new or expanded rights other than those held by the user per Tex. Estates Code § 2001.211.

ARTICLE III -- CREDENTIAL ACCESS INSTRUCTIONS

IMPORTANT: Do NOT list actual passwords, PINs, private keys, or seed phrases in this document. Instead, describe how the Fiduciary may locate and access those credentials.

Section 3.1 -- Password Manager

☐ I use a password manager to store my credentials.

Section 3.2 -- Physical Credential Storage

☐ I maintain written credentials in a physical location.

Section 3.3 -- Two-Factor Authentication (2FA) Backup

☐ I use two-factor authentication on one or more accounts.

Section 3.4 -- Encryption Keys

☐ I use encryption for files or devices.

ARTICLE IV -- EMAIL ACCOUNTS

Pursuant to Tex. Estates Code § 2001.121, a custodian shall disclose to the personal representative the content of electronic communications of a deceased user only if: (1) the user consented to the disclosure or a court directs disclosure, (2) the representative provides a written request, (3) a certified copy of the death certificate, and (4) certified letters testamentary or of administration, a small estate affidavit filed under Tex. Estates Code § 205.001, or another court order.

Disposition Instructions for Email Accounts:
[________________________________]
[________________________________]

ARTICLE V -- SOCIAL MEDIA ACCOUNTS

Online Tool Designations Made:
☐ Facebook Legacy Contact designated: [________________________________]
☐ Google Inactive Account Manager configured: ☐ Yes ☐ No
☐ Apple Legacy Contact designated: [________________________________]
☐ Other platform tools configured: [________________________________]

Special Social Media Instructions:
[________________________________]
[________________________________]

ARTICLE VI -- FINANCIAL ACCOUNTS AND DIGITAL BANKING

Texas Community Property -- Financial Accounts: Under Tex. Family Code § 3.003, property possessed by either spouse during or on dissolution of marriage is presumed to be community property. The burden of proof to establish that property is separate property is on the party claiming separate property status by clear and convincing evidence.

ARTICLE VII -- CRYPTOCURRENCY AND BLOCKCHAIN ASSETS

Seed Phrase / Private Key Access:

CRITICAL: Loss of private keys or seed phrases may result in permanent, irrecoverable loss of cryptocurrency assets. Ensure the Fiduciary can access these credentials. Texas has no state income tax, but federal tax obligations apply to cryptocurrency dispositions.

ARTICLE VIII -- DOMAIN NAMES, WEBSITES, AND ONLINE BUSINESSES

Online Business Accounts (e-commerce, advertising, affiliate):

ARTICLE IX -- CLOUD STORAGE AND DIGITAL FILES

ARTICLE X -- SUBSCRIPTIONS, MEMBERSHIPS, AND RECURRING SERVICES

Loyalty and Rewards Programs:

ARTICLE XI -- DEVICES

Device Access Notes:
[________________________________]
[________________________________]

ARTICLE XII -- LEGAL AUTHORITY AND TEXAS-SPECIFIC PROVISIONS

Section 12.1 -- Governing Law

This Digital Asset Inventory is prepared pursuant to and governed by the Texas Revised Uniform Fiduciary Access to Digital Assets Act, Tex. Estates Code Chapter 2001 (Title 4 -- Digital Assets), enacted in 2017 (HB 1785, 85th Legislature).

Section 12.2 -- Definition of Digital Assets Under Texas Law

Under Tex. Estates Code § 2001.002(8), "digital asset" means an electronic record in which an individual has a right or interest. This includes but is not limited to: emails, cell data, text messages, photographs, digital music and video, social media accounts, and online financial, utility, credit card, and loan accounts.

Section 12.3 -- Priority of User Directions (Tex. Estates Code § 2001.101)

Under Texas law, the priority of directions regarding digital asset disclosure is:

1. Online Tool Direction -- A direction by the user through an online tool provided by the custodian takes highest priority, provided the tool allows modification or deletion at all times.
2. Estate Planning Document Direction -- A direction in the user's will, trust, power of attorney, or other record.
3. Terms of Service Agreement -- The custodian's terms of service agreement controls if no user direction exists.

Section 12.4 -- Fiduciary Authority Under Texas Law

• Personal Representative (Tex. Estates Code § 2001.121, § 2001.122): May request disclosure of digital assets. For content of electronic communications, must provide written request, certified death certificate, certified letters testamentary or of administration, or a small estate affidavit filed under § 205.001, and evidence of user consent or court order.
• Agent Under Statutory Durable Power of Attorney (Tex. Estates Code Ch. 751): Must have authority over digital assets granted in the power of attorney. Texas requires the statutory durable power of attorney form to specifically reference digital assets.
• Trustee (Tex. Property Code Ch. 111-115): Access depends on trust terms and whether the trustee is the original user.
• Guardian (Tex. Estates Code Ch. 1001 et seq.): May request disclosure upon providing required court documentation.

Section 12.5 -- Texas Community Property and Digital Assets

Under Texas community property law:
- Presumption: All property possessed by either spouse during marriage is presumed community property (Tex. Family Code § 3.003).
- Digital Assets Acquired During Marriage: Cryptocurrency purchased with community funds, online businesses developed during marriage, and revenue from digital assets during marriage are presumptively community property.
- Separate Property: Digital assets acquired before marriage, by gift, or by inheritance remain separate property (Tex. Family Code § 3.001).
- Management Rights: Under Tex. Family Code § 3.102, each spouse has sole management of community property they would have owned as separate property if single. Joint management applies to community property held jointly.
- Disposition at Death: A spouse may dispose by will only of their one-half of community property and all of their separate property.

Section 12.6 -- Custodian Compliance Timeline (Tex. Estates Code § 2001.231)

Under Texas law, not later than 60 days after receipt of the required information, a custodian shall comply with a request from a fiduciary or designated recipient to disclose digital assets or terminate an account. A custodian may charge a reasonable administrative fee.

Section 12.7 -- Texas Probate Options

• Independent Administration (Tex. Estates Code § 401.001 et seq.): Texas allows independent administration, which minimizes court oversight and may streamline digital asset access.
• Small Estate Affidavit (Tex. Estates Code § 205.001): Available for estates valued at $75,000 or less (excluding homestead and exempt property).
• Muniment of Title (Tex. Estates Code § 257.001): An alternative probate method where the will is admitted as a muniment of title without appointing a personal representative.

ARTICLE XIII -- SPECIAL INSTRUCTIONS

[________________________________]
[________________________________]
[________________________________]
[________________________________]

ARTICLE XIV -- SIGNATURE AND ACKNOWLEDGMENT

I, the undersigned, declare that the information contained in this Digital Asset Inventory is true and correct to the best of my knowledge as of the date signed below. I understand that this document should be updated regularly and that it supplements but does not replace my will, trust, or power of attorney.

Owner Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Spouse Signature (if community property assets included): ________________________________________

Spouse Printed Name: [________________________________]

Date: [__/__/____]

NOTARY ACKNOWLEDGMENT (Optional but Recommended)

STATE OF TEXAS
COUNTY OF [________________________________]

On this [____] day of [________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to this instrument, and acknowledged that they executed the same for the purposes therein contained.

Notary Public Signature: ________________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

ARTICLE XV -- UPDATE LOG

Best Practice: Review and update this inventory at least annually, or whenever you create, modify, or close a significant digital account or acquire new digital assets.

SOURCES AND REFERENCES

• Texas Estates Code, Chapter 2001 -- Texas Revised Uniform Fiduciary Access to Digital Assets Act: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.2001.htm
• Tex. Estates Code § 2001.002 (Definitions): https://statutes.capitol.texas.gov/GetStatute.aspx?Code=ES&Value=2001.002
• Texas Family Code § 3.001 et seq. (Community Property): https://statutes.capitol.texas.gov/Docs/FA/htm/FA.3.htm
• Uniform Law Commission -- RUFADAA: https://www.uniformlaws.org/committees/community-home?CommunityKey=f7237fc4-74c2-4728-81c6-b39a91ecdf22
• State Bar of Texas -- Estate Planning Resources: https://www.texasbar.com