If you have online bank accounts, cryptocurrency or even a social media presence, those are part of your estate and your loved ones may struggle to access them without the right plan. Under Texas law, executors and other fiduciaries have the authority to manage your digital assets after your death, but only if you have set up the proper directions ahead of time.
Understanding how this works can mean the difference between your digital legacy being protected and permanently lost.
What counts as a digital asset?
A digital asset is any electronic record you have a right or interest in. That includes bank and investment accounts, cryptocurrency wallets, social media profiles, email accounts, digital photo libraries and loyalty reward programs. Some carry real monetary value. Others hold sentimental importance that cannot be replaced.
What Texas law says about digital asset access
Texas law gives executors and trustees the legal authority to access your digital accounts after your death, but only under specific conditions. The law follows a strict priority order. Instructions set through a platform’s own tool, such as Google’s Inactive Account Manager or Facebook’s Legacy Contact, take precedence.
If you have not used those tools, your will, trust or power of attorney controls access. If neither exists, platforms default to their own terms of service, which typically restrict or deny access entirely.
How to include digital assets in your estate plan
Consider keeping a secure digital inventory of your accounts and access instructions. Store it safely and reference it in your estate plan rather than attaching it to your will, which becomes a public record during probate.
Your will, trust or power of attorney should also include language explicitly authorizing your executor, trustee or agent to access your digital assets and electronic communications. For cryptocurrency in a hardware wallet, this is especially critical. Without the private key or recovery phrase, those assets may be gone for good.
What happens if you do not plan for your digital assets
Without clear authorization, your family may hit serious roadblocks. Platforms are not required to grant access just because someone presents a death certificate. Accounts may be frozen, memorialized without your input or permanently deleted.
An estate planning attorney in Colleyville can review your documents, spot any gaps and make sure the right authorizations are in place.