DIGITAL ESTATE PLAN AND DIGITAL ASSET DIRECTIVE

DOCUMENT INFORMATION

PRACTICE NOTES

What is a Digital Estate Plan? A Digital Estate Plan is a comprehensive document that (1) inventories your digital assets, (2) appoints a fiduciary to manage them, (3) provides access instructions, and (4) directs how each digital asset should be handled upon your death or incapacity. It is a companion to — not a replacement for — your will, trust, or power of attorney.

Why this matters: An estimated $200+ billion in cryptocurrency alone is permanently inaccessible because owners died without leaving access instructions. Beyond crypto, your email, social media, photos, domain names, online businesses, subscriptions, and digital content all require specific planning.

RUFADAA's Three-Tier Priority System:
Under the Revised Uniform Fiduciary Access to Digital Assets Act (adopted in 48+ states), access to your digital assets after death is governed by a strict hierarchy:

1. Tier 1 (Highest Priority): Online tool settings — Instructions you set within a platform's own legacy tool (e.g., Google Inactive Account Manager, Apple Legacy Contact, Facebook Legacy Contact) override everything, including your will.
2. Tier 2: Legal documents — If no online tool is configured, your will, trust, or power of attorney controls access, but only if it contains explicit language authorizing digital asset access.
3. Tier 3 (Lowest Priority): Terms of service — If neither Tier 1 nor Tier 2 exists, the platform's own terms of service govern — and most default to denying all access.

This template operates at Tier 2. For maximum protection, you should ALSO configure Tier 1 online tools for each major platform (see the checklist in Section 10).

CRITICAL — Do NOT put passwords in your will. Wills become public documents during probate. Store access credentials separately using a password manager, sealed envelope, or safe deposit box. This document references where credentials are stored — it does not contain them.

SECTION 1: DECLARATION AND AUTHORITY

I, [FULL LEGAL NAME], of [CITY, STATE], being of sound mind, hereby establish this Digital Estate Plan and Digital Asset Directive (this "Directive").

1.1 Purpose

This Directive is intended to:

(a) Provide a comprehensive inventory of my digital assets;
(b) Designate a Digital Fiduciary with authority to access, manage, and distribute my digital assets;
(c) Express my wishes regarding the disposition of each category of digital asset;
(d) Comply with the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) as adopted in my state of domicile;
(e) Supplement (not replace) my Last Will and Testament and/or Revocable Living Trust.

1.2 Legal Authority

I direct that this Directive be given legal effect pursuant to:

☐ RUFADAA as adopted in [STATE] (cite: [STATE STATUTE NUMBER])
☐ The tangible personal property memorandum provision of my will (per UPC § 2-513 or state equivalent)
☐ The digital assets provisions of my Revocable Living Trust dated [__/__/____]
☐ My Durable Power of Attorney dated [__/__/____]

1.3 Consent to Disclosure

Pursuant to RUFADAA, I hereby expressly consent to the disclosure of the content of my digital assets (not merely catalogue or metadata information) to my designated Digital Fiduciary. This consent is intended to override any contrary terms of service to the maximum extent permitted by law.

1.4 Revocation of Prior Directives

This Directive revokes and supersedes all prior digital estate plans, digital asset directives, or similar instructions I have executed.

SECTION 2: DIGITAL FIDUCIARY APPOINTMENT

2.1 Primary Digital Fiduciary

I appoint the following individual as my Digital Fiduciary (also referred to as Digital Executor):

2.2 Successor Digital Fiduciary

If my Primary Digital Fiduciary is unable or unwilling to serve, I appoint:

First Successor:

Second Successor:

2.3 Powers of Digital Fiduciary

My Digital Fiduciary shall have the authority to:

(a) Access all digital accounts, devices, and assets listed in this Directive and any subsequently discovered digital assets;
(b) Access the content of electronic communications (email, text messages, direct messages) to the extent permitted by RUFADAA and applicable law;
(c) Retrieve, copy, download, and preserve digital files, photographs, videos, and documents;
(d) Close, delete, deactivate, or memorialize online accounts in accordance with my instructions;
(e) Transfer ownership of digital assets (including domain names, cryptocurrency, and digital content) to designated beneficiaries;
(f) Continue operating digital businesses, online stores, and monetized content platforms for a reasonable transition period;
(g) Manage, sell, or transfer cryptocurrency and digital tokens, including accessing wallets, executing transactions, and converting to fiat currency;
(h) License, sell, or transfer intellectual property rights in digital content I created;
(i) Contact service providers, custodians, and platforms to request access or account closure;
(j) Engage technical consultants, cryptocurrency recovery specialists, or attorneys as reasonably necessary, with costs paid from my estate;
(k) Make decisions regarding any digital asset not specifically addressed in this Directive, consistent with my general wishes expressed herein.

2.4 Limitations

My Digital Fiduciary shall NOT:

(a) Use my digital assets or accounts for personal benefit (except as a designated beneficiary);
(b) Post, publish, or send communications from my accounts impersonating me (except closure/memorial notices);
(c) Access digital assets I have specifically excluded in Section 9 of this Directive;
(d) Sell or destroy digital assets that have been specifically bequeathed to a named beneficiary.

2.5 Technical Assistance Authorization

☐ My Digital Fiduciary is authorized to engage the following technical consultant(s) to assist with digital asset recovery, cryptocurrency access, or other technical matters:

SECTION 3: ACCESS CREDENTIALS — MASTER REFERENCE

WARNING: Do NOT write passwords directly in this document. This section identifies WHERE credentials are stored, not the credentials themselves.

3.1 Primary Credential Storage Method

I store my account credentials using the following method(s):

☐ Password manager: [NAME OF SERVICE — e.g., 1Password, LastPass, Bitwarden, Dashlane]
- Master password location: [DESCRIBE — e.g., sealed envelope in home safe, safe deposit box at [BANK], held by attorney [NAME]]
- Emergency access / recovery method: [DESCRIBE — e.g., emergency kit stored at [LOCATION], trusted contact recovery enabled for [PERSON]]

☐ Physical document: Written credential list stored at:
- Location: [DESCRIBE — e.g., fireproof safe at home, combination is [LOCATION OF COMBINATION]; safe deposit box #[NUMBER] at [BANK NAME], [BRANCH ADDRESS]]
- Key / combination held by: [NAME]

☐ Attorney escrow: Credentials held by:
- Attorney Name: [NAME]
- Firm: [FIRM NAME]
- Phone: [PHONE]
- Conditions for release: [DESCRIBE — e.g., upon presentation of death certificate and letters testamentary]

☐ Encrypted digital file: File name: [NAME], stored at: [LOCATION — e.g., USB drive in safe deposit box]
- Decryption key / password location: [DESCRIBE]

☐ Split custody: Credentials divided between multiple trusted persons or locations:
- Part 1 held by: [NAME] at [LOCATION]
- Part 2 held by: [NAME] at [LOCATION]

3.2 Two-Factor Authentication (2FA)

Many accounts require 2FA in addition to a password. My 2FA methods include:

☐ Authenticator app: [NAME — e.g., Google Authenticator, Authy, Microsoft Authenticator]
- Installed on device: [DEVICE DESCRIPTION]
- Backup / recovery codes stored at: [LOCATION]

☐ SMS-based 2FA: Linked to phone number: [PHONE NUMBER]
- SIM card carrier: [CARRIER]
- Account PIN / passcode for carrier: [STORED AT LOCATION]

☐ Hardware security key: [TYPE — e.g., YubiKey, Titan]
- Physical location: [LOCATION]
- Backup key location: [LOCATION]

3.3 Device Access

SECTION 4: DIGITAL ASSET INVENTORY — FINANCIAL ACCOUNTS

4.1 Online Banking and Investment Accounts

4.2 Cryptocurrency and Digital Tokens

IMPORTANT: Cryptocurrency cannot be recovered without private keys or seed phrases. If these are lost, the assets are permanently inaccessible.

Cryptocurrency Access Instructions:

☐ Hardware wallet(s):
- Device type: [e.g., Ledger Nano X, Trezor Model T]
- Physical location: [LOCATION]
- PIN location: [WHERE STORED]

☐ Seed phrase / recovery phrase:
- Number of words: ☐ 12 ☐ 24
- Storage location: [DESCRIBE — e.g., steel backup plate in safe deposit box #[NUMBER] at [BANK]]
- Do NOT store seed phrase digitally or in this document

☐ Exchange accounts:
- Credentials stored in: [PASSWORD MANAGER / LOCATION]
- Exchange-specific 2FA: [METHOD AND BACKUP CODE LOCATION]

☐ DeFi / Smart Contract positions:
- Protocol(s): [LIST]
- Connected wallet: [WALLET NAME / ADDRESS PREFIX]
- Instructions: [e.g., Withdraw from staking protocol before transferring. Contact [CONSULTANT] for assistance.]

4.3 Payment and Digital Financial Services

SECTION 5: DIGITAL ASSET INVENTORY — COMMUNICATION ACCOUNTS

5.1 Email Accounts

Special instructions for email:
[e.g., "My Gmail account contains important correspondence with [PERSON] regarding [MATTER]. Please download and preserve this correspondence before closing the account."]

5.2 Messaging and Communication Apps

SECTION 6: DIGITAL ASSET INVENTORY — SOCIAL MEDIA AND CONTENT

6.1 Social Media Accounts

6.2 Monetized Content and Digital Businesses

These assets may generate ongoing revenue. Handle with care.

Instructions for digital businesses:
[e.g., "My Shopify store should continue operating for 90 days while [BENEFICIARY] decides whether to continue or sell the business. [EMPLOYEE / VA NAME] at [EMAIL] handles day-to-day operations and should be contacted immediately."]

6.3 Digital Creative Works and Intellectual Property

SECTION 7: DIGITAL ASSET INVENTORY — ONLINE SERVICES AND SUBSCRIPTIONS

7.1 Cloud Storage

7.2 Subscriptions and Recurring Charges

Priority cancellations: List any subscriptions that should be cancelled IMMEDIATELY to prevent unnecessary charges:
[________________________________]

7.3 Domain Names and Websites

7.4 Gaming and Digital Purchases

7.5 Loyalty Programs and Rewards

SECTION 8: DIGITAL ASSET INVENTORY — PROFESSIONAL AND BUSINESS

8.1 Business Accounts and Tools

8.2 Professional Licenses and Credentials

SECTION 9: EXCLUDED ASSETS AND PRIVACY INSTRUCTIONS

9.1 Excluded Digital Assets

The following digital assets are specifically excluded from my Digital Fiduciary's access. These accounts or files should be deleted without review upon my death:

9.2 Privacy Instructions

☐ My Digital Fiduciary may access and read the content of my email and messages as necessary to administer my estate.

☐ My Digital Fiduciary may access only the catalogue information (sender, recipient, date, subject line) of my communications, but NOT the content, unless necessary for a specific estate administration purpose.

☐ The following communications or files are private and should be destroyed without review:
[________________________________]

SECTION 10: PLATFORM LEGACY SETTINGS CHECKLIST

RUFADAA Tier 1 — Highest Priority. These settings override your will and this Directive. Configure them to be CONSISTENT with this Directive.

Date legacy settings last reviewed: [__/__/____]

SECTION 11: GENERAL INSTRUCTIONS AND WISHES

11.1 General Disposition Preferences

If a specific digital asset is not addressed in this Directive, my general preference is:

☐ Preserve and transfer: Download/archive the asset and transfer to [BENEFICIARY NAME] or to my estate's personal representative
☐ Delete: Close or delete the account/asset
☐ Fiduciary discretion: My Digital Fiduciary may exercise reasonable judgment

11.2 Digital Memorial Preferences

☐ I do want an online memorial or tribute page created at: [PLATFORM / WEBSITE]
☐ I do not want any online memorial or tribute page
☐ I leave this decision to my Digital Fiduciary

11.3 Post-Mortem Communication

☐ My Digital Fiduciary may post a single farewell or memorial announcement from my social media accounts, then close or memorialize them.
☐ My Digital Fiduciary should NOT post anything from my accounts.
☐ I have pre-written a message to be posted. It is stored at: [LOCATION]

11.4 Photo and Video Archives

My personal photos and videos are stored at:

11.5 Timeline for Administration

I request that my Digital Fiduciary complete the administration of my digital estate within [6 / 12 / 18] months of my death, except for digital businesses that require a longer transition period.

SECTION 12: INCAPACITY PROVISIONS

12.1 Authority During Incapacity

If I become incapacitated (as determined by [my attending physician / two licensed physicians / a court of competent jurisdiction]), my Digital Fiduciary shall have authority to:

(a) Access my digital accounts as necessary to manage my affairs, pay bills, and maintain my assets;
(b) Manage my digital businesses and monetized content to preserve their value;
(c) Maintain domain name registrations, hosting, and subscription services;
(d) Communicate on my behalf as necessary, clearly disclosing that they are acting as my fiduciary;
(e) Revoke access by any person who is misusing or unauthorized to use my digital accounts.

12.2 Limitations During Incapacity

During incapacity (as opposed to death), my Digital Fiduciary shall NOT:

(a) Permanently delete any account or digital asset (preserve for potential recovery);
(b) Close any monetized account or digital business;
(c) Make irreversible transfers of cryptocurrency or other digital assets;
(d) Alter any estate planning documents or beneficiary designations stored digitally.

SECTION 13: INTEGRATION WITH ESTATE PLAN

13.1 Relationship to Will and Trust

This Directive is intended to be read together with:

☐ My Last Will and Testament dated [__/__/____], executed in [STATE]
☐ My Revocable Living Trust dated [__/__/____]
☐ My Durable Power of Attorney dated [__/__/____]

In the event of any conflict between this Directive and my Will or Trust regarding the disposition of a specific digital asset, the Will or Trust shall control.

13.2 Reference in Will

I have included (or intend to include) the following language in my Will or Trust:

"I have executed a separate Digital Estate Plan and Digital Asset Directive dated [__/__/____], which provides specific instructions for the management and disposition of my digital assets. I direct my Personal Representative / Trustee to follow the instructions set forth in that Directive to the extent consistent with this Will / Trust and applicable law. I authorize my Personal Representative / Trustee, or the Digital Fiduciary named therein, to access, manage, and distribute my digital assets as described in that Directive, including accessing the content of electronic communications pursuant to the Revised Uniform Fiduciary Access to Digital Assets Act."

13.3 Compensation

☐ My Digital Fiduciary shall serve without compensation.
☐ My Digital Fiduciary shall be entitled to reasonable compensation from my estate, not to exceed $[AMOUNT] or [____]% of the value of digital assets administered.
☐ My Digital Fiduciary shall be compensated as provided in my Will or Trust.

SECTION 14: EXECUTION

14.1 Signature

I have executed this Digital Estate Plan and Digital Asset Directive on the date indicated below. I declare that I am of sound mind, acting voluntarily, and under no undue influence.

Principal:

Signature: _____________________________________________

Printed Name: [FULL LEGAL NAME]

Date: [__/__/____]

14.2 Witnesses

(Requirements vary by state. Check your jurisdiction. Many states require two witnesses for estate planning documents.)

Witness 1:

Signature: _____________________________________________

Printed Name: [NAME]

Address: [ADDRESS]

Date: [__/__/____]

Witness 2:

Signature: _____________________________________________

Printed Name: [NAME]

Address: [ADDRESS]

Date: [__/__/____]

14.3 Notarization

(Optional but recommended for added validity.)

State of [________________]
County of [________________]

On this _____ day of _________________, 20_____, before me, the undersigned notary public, personally appeared [FULL LEGAL NAME], proved to me through satisfactory evidence of identification to be the person whose name is signed above, and acknowledged that [he/she/they] signed this instrument voluntarily for its stated purpose.

Notary Signature: _____________________________________________

Notary Printed Name: [NAME]

Commission Expires: [__/__/____]

[NOTARY SEAL]

FILING AND REVIEW CHECKLIST

Annual Review Date: _____ of each year

Last Reviewed: [__/__/____]

SOURCES AND REFERENCES

This template is provided for informational purposes only and does not constitute legal advice. Digital estate planning involves complex interactions between state probate law, RUFADAA, federal privacy law (including the Stored Communications Act), platform-specific terms of service, and tax law. The requirements for valid execution (witnesses, notarization) vary by state. Cryptocurrency and digital asset laws are evolving rapidly. You must consult with a qualified estate planning attorney licensed in your state before using this template. Do not execute this document without professional legal review. Use of this template does not create an attorney-client relationship.