Many assume that leaving “all assets” to a spouse or children in their Will, the family will also access their online accounts. In Texas, this is a risky misconception. Federal privacy laws and strict company Terms of Service agreements mean that merely having a password or being the legal heir does not allow your executor to access your accounts.
The Power of TRUFADAA
The Texas Revised Uniform Fiduciary Access to Digital Assets Act (TRUFADAA) bridges the gap between privacy and probate. This law allows you to explicitly grant your executor the authority to manage digital assets as if they were you. However, the law is not automatic. Your Will must include specific language granting “lawful consent” for the disclosure of electronic communications to bypass privacy restrictions.
Potential challenges
Without TRUFADAA-compliant language, your family may encounter obstacles such as:
- Cryptocurrency: While a “seed phrase” cannot be included in a public Will, you must authorize your executor to handle the digital tokens or hardware wallet
- Sentimental data: Companies like Meta often require court orders or specific consent to release photos or emails
Also, there are some online-only bank accounts or reward points that may be forfeited if the executor cannot demonstrate legal rights to the digital records.
Securing your digital legacy
Begin by using online tools provided by platforms (such as Inactive Account Manager by Google), as these override Wills under Texas law. Also, ensure your Will has a Digital Assets Clause that mentions TRUFADAA and authorizes your executor to access your electronic communications. If your estate plan needs an update, reach out to a lawyer as soon as you can.