With much of our lives intertwined with online platforms, it only makes sense to include online accounts in estate planning. Going beyond the traditional assets, today’s digital age gives us a considerable digital footprint. Imagine what would happen to your banking app, social media accounts, and cloud storage if the inevitable happens to you? Would any of your loved ones be able to open your accounts? Perhaps, you will need someone to end your subscriptions, manage your funds, and pay bills that are due. If you are running a business website, you need someone to keep things in order.  Even those social media accounts need to be memorialized in one way or another. Therefore, you must ensure that your executor and loved ones can access and handle your online accounts in case of sudden incapacity or after your passing. 

The Importance of Planning Ahead

In Arizona, like everywhere else, we live much of our lives online. When you pass away or become incapacitated, your loved ones may need to access your digital accounts. Without a plan, though, they may be locked out permanently. This can lead to:

• Lost family photos
• Missed bills or automatic withdrawals
• Inability to close or memorialize social media
• Delayed estate administration

Arizona law helps, but only if you take the right steps.

What Are Digital Assets or Online Accounts?

Digital assets are any electronic records you own or control, or have rights to use in a digital or online format. For example:

• 📧 Email (Gmail, Yahoo, etc.): Communication and account recovery
• 💻 Social Media (Facebook, Instagram): Memorial posts, closing profiles
• 💰 Online Banking & Investments (Wells Fargo, Fidelity): Managing funds
• ☁️ Cloud Storage (Google Drive, iCloud): Personal documents, photos, videos
• 🌐 Websites or Domains: Business sites or blogs you own
• 🧾 Utilities & Bills (APS, Cox, SRP): Online billing and auto-pay accounts
• 💳 Shopping Accounts (Amazon, Ebay): Stored credit cards, returns
• 🔐 Cryptocurrency Wallets: Highly secure and often inaccessible without keys
• 🎮 Gaming or Streaming Accounts (Netflix, Spotify, Xbox): Subscription management

These online accounts often hold significant sentimental or financial value. Therefore, you should properly manage your digital assets. 

Arizona Law for Online Accounts: RUFADAA

Arizona has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which can be found in Arizona Revised Statutes § 14-13106. This law allows you to designate a fiduciary. It is an executor or agent under a power of attorney who will access and manage your digital assets upon your death or incapacity. However, this access isn’t automatic; the law states that:

• Your executor or agent must have your explicit consent to access the content of your digital communications.
• Without consent, they may only access limited information (e.g., metadata or a list of files).
• Your directions in an online tool or legal document override the terms of service agreements. Some platforms offer settings to designate someone to manage your account after death. For instance, Apple’s Digital Legacy, Facebook’s “Legacy Contact,” or Google’s “Inactive Account Manager.”

Moreover, it would be wise to include provisions in your will, trust, or power of attorney that grant access to your digital assets. Without such directives, service providers may deny access, citing privacy laws and terms of service agreements.

Steps to Secure Your Digital Legacy

Create an Inventory of your Online Accounts

 Make a list of important accounts, including:

• Name of the service (e.g., Gmail, Chase Bank)
• Username/email used
• Type of data stored (photos, funds, legal documents)
• What do you want done with it (close it, transfer ownership, save content)

Example:

• Apple ID – email@example.com
  • Used for iCloud photos and subscriptions
  • Transfer photos to spouse, cancel subscriptions

Use a Password Manager

There are services like 1Password, LastPass, or Dashlane that allow you to store all your login credentials securely. Some offer Emergency Access features.

For example, a mom who uses LastPass can enable her son to access her vault if she’s inactive for 30 days. He will then be able to close her accounts and retrieve important documents.

Appoint a Digital Executor in Arizona

Choose someone tech-savvy and trustworthy to manage your digital assets. This role can be specified in your estate planning documents. Under A.R.S. §14-13101 (Arizona’s version of the RUFADAA), you can legally authorize someone to manage your digital assets. You can do this by:

• Naming a Digital Executor in your Will or Trust
• Giving authority in your Durable Financial Power of Attorney
• Using online tools provided by platforms (see below)

Use Online Tools Where Available

Take advantage of platform-specific features to designate account management preferences. Some major tech companies offer built-in legacy or access planning tools:

Update Legal Documents

Ensure your will, trust, and power of attorney include clear instructions regarding digital assets. Thus, keep your instructions updated and review your digital plan regularly:

• When you open new accounts and subscriptions
• If your executor changes
• When passwords or email addresses change

Communicate Your Wishes

Discuss your digital estate plan with your executor. Keep your loved ones updated to ensure they’re aware of your intentions. By proactively addressing your digital estate, you provide clarity and ease for those managing your affairs. Hence, you ensure your digital legacy is handled according to your wishes.