Cryptocurrency, online accounts, social media, and digital assets require explicit planning — they do not pass automatically under a traditional will.
Schedule a Free ConsultationUnder N.C.G.S. Chapter 36F (the NC Revised Uniform Fiduciary Access to Digital Assets Act, RUFADAA, effective 2016) and S.C. Code §§ 62-2-1001 et seq. (the SC RUFADAA, effective 2017), digital assets have become a recognized component of estates — yet the practical framework for transferring them at death still lags behind their adoption. Cryptocurrency, online brokerage accounts, digital business assets, intellectual property, and social media accounts all require explicit planning. Without proper documentation and legal authority, a deceased person's digital assets may be inaccessible, permanently lost, or transferred in ways that violate platform Terms of Service.
North Carolina adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) at N.C.G.S. Chapter 36F. South Carolina adopted the same act at S.C. Code §§ 62-2-1001 et seq. RUFADAA creates a three-tier hierarchy for fiduciary access to digital assets: (1) an online tool (like Google's Inactive Account Manager or Facebook's Legacy Contact) takes highest priority; (2) written directions in a will, trust, or power of attorney take second priority; (3) the provider's Terms of Service apply by default. Without explicit authorization in your estate planning documents, fiduciaries may be denied access to accounts holding significant value.
Ryan integrates digital asset planning into every estate engagement — including RUFADAA-compliant language in wills, trusts, and powers of attorney, and providing clients with a Digital Asset Memorandum for documenting credentials, accounts, and access instructions in a secure, updateable format.
Digital assets are broader than most people realize. They fall into several categories with different legal frameworks and practical transfer challenges.
Bitcoin, Ethereum, and other cryptocurrencies controlled by private keys require explicit succession planning. Custodial holdings on exchanges (Coinbase, Kraken) can be transferred by the executor with appropriate documentation. Non-custodial wallets (hardware wallets, cold storage) require transmission of the private key or seed phrase — stored securely and documented in the Digital Asset Memorandum. NFTs and other blockchain assets are treated similarly.
Brokerage accounts (Schwab, Fidelity, Robinhood) held in the owner's individual name are estate assets but require fiduciary authority to transfer. Exchange-traded holdings pass through the estate or trust normally once access is established. Transfer-on-death (TOD) designations bypass estate administration for these accounts — coordinate with your overall plan.
Facebook, Instagram, Gmail, LinkedIn, and similar accounts are governed by each provider's Terms of Service. Facebook allows a Legacy Contact designation (limited access) or memorialization; Google's Inactive Account Manager allows transfer of account data to named individuals. Without using these tools or explicit RUFADAA language in your estate documents, a family member may be completely locked out.
An online business — e-commerce store, subscription website, digital course platform, content library — may represent significant value. Domain names, websites, software licenses, and digital subscriber lists are estate assets that need explicit direction in your will or trust. Without a succession plan, a digital business may simply go offline at the owner's death.
Airline miles, hotel points, credit card rewards, iTunes/Amazon content libraries, game accounts with in-game currency — these vary widely in transferability. Some loyalty programs allow beneficiary designations; others terminate at death. A Digital Asset Memorandum inventories these assets and notes each provider's transfer policy.
A password manager containing access to all other digital accounts is both the most valuable and most sensitive item in the digital estate. Ryan recommends a specific protocol for secure transmission of master password and emergency access to a trusted successor — without exposing the information to theft during the grantor's lifetime.
RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act) is the legal framework that authorizes estate fiduciaries — executors, trustees, agents under a POA — to access digital accounts. Without it, federal computer access laws (the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act) could expose a well-meaning executor to criminal liability for accessing a deceased person's accounts.
Under NC Ch. 36F, a fiduciary's access to digital assets is governed by a three-tier hierarchy:
Ryan includes explicit RUFADAA language in every will, trust, and power of attorney — granting fiduciaries full authority to access, manage, control, and close digital accounts, including the right to receive electronic communications, use login credentials, and transfer digital property.
SC adopted RUFADAA with the same three-tier structure. Fiduciaries acting under a trust, will, or power of attorney with explicit RUFADAA authorization have legal access to digital assets. Without express authorization, SC law defaults to the platform's Terms of Service — which generally restricts access.
NC adopted RUFADAA effective October 1, 2016. Chapter 36F authorizes executors, trustees, agents under a durable POA, and court-appointed guardians to access a decedent's or ward's digital assets when expressly authorized in the governing document. (N.C.G.S. Ch. 36F)
Ryan drafts RUFADAA-compliant language in every will, trust, and POA — including express authorization for the fiduciary to receive electronic communications, use credentials, manage or transfer digital assets, and close or memorialize accounts. The language is designed to satisfy Tier 2 of the RUFADAA hierarchy, providing maximum fiduciary authority consistent with the grantor's intent.
SC adopted RUFADAA effective January 1, 2017. South Carolina's version follows the same structure as NC's, with fiduciary access governed by the three-tier hierarchy. Ryan prepares RUFADAA-compliant language for SC clients identical in scope to NC documents. (S.C. Code §§ 62-2-1001 et seq.)
Any amount of crypto without a documented succession plan is at serious risk of being permanently lost. Even small holdings — a few hundred dollars — are worth documenting. Larger holdings require a comprehensive crypto succession protocol.
A digital business with recurring revenue, a subscriber list, or a valuable domain is a significant estate asset. Without a succession plan, it may simply stop functioning at the owner's death — destroying years of built value.
YouTube channels, Instagram accounts, newsletters, and podcast libraries may have significant monetary value — ad revenue, licensing rights, merchandise. These are intellectual property assets that require explicit estate planning.
Online brokerage accounts, valuable loyalty programs, digital software licenses, and cloud storage containing irreplaceable files all need RUFADAA-compliant access planning.
A Digital Asset Memorandum prepared with your children's awareness ensures someone knows where to look and what authority they have. The hardest digital estate situations are when families discover accounts they didn't know existed.
Wills and trusts drafted before RUFADAA (2016 in NC, 2017 in SC) contain no digital asset authority. Fiduciaries acting under pre-RUFADAA documents may lack the legal authorization to access even clearly-owned digital accounts.
A hardware wallet found in a drawer with no instructions is inaccessible to heirs. The private key or seed phrase must be documented and securely transmitted to a trusted person — not stored with the will (which becomes public in probate), but in a separate secure location known to the executor. Ryan provides a cryptocurrency succession protocol as part of every digital estate engagement.
A will or trust drafted before 2016 (NC) or 2017 (SC) contains no digital asset authority. An executor trying to access a deceased person's email or cryptocurrency exchange account under a pre-RUFADAA will may find themselves legally blocked or exposed to CFAA liability. Updating older documents with RUFADAA language is straightforward and important.
A will is probated and becomes a public record. Passwords and private keys in a will are publicly accessible after death — and potentially before death if the will is witnessed by the wrong person. Credentials belong in a secure Digital Asset Memorandum, a password manager with emergency access instructions, or a separately stored document referenced (but not reproduced) in the will.
A cryptocurrency exchange account (Coinbase, Kraken, Gemini) is not an FDIC-insured bank account — exchange insolvency, account freezes, and evolving regulatory status all create risks that traditional brokerage accounts do not. Exchange accounts also require KYC (Know Your Customer) verification for beneficiary access, which may require significant documentation from the estate.
Digital accounts are created, closed, and changed more frequently than traditional assets. A memorandum prepared three years ago may list a defunct exchange account and miss three new ones. Review and update the Digital Asset Memorandum annually — or whenever a significant new digital asset is acquired.
Cryptocurrency without a documented succession plan is at serious risk of being permanently lost. This protocol covers the specific steps required to ensure your crypto reaches your beneficiaries.
Effective crypto succession requires three layers: legal authority (RUFADAA-compliant language in your estate documents), credential security (private keys or seed phrases stored securely but accessibly), and beneficiary preparation (the person who will receive the crypto knowing how to access and transfer it). Missing any layer creates failure risk.
Under N.C.G.S. Chapter 36F and S.C. Code §§ 62-2-1001 et seq., fiduciary access to digital assets follows a three-tier priority: online tool designation (if available), express written authorization (in will, trust, or POA), or platform terms of service (default). For cryptocurrency, online tool designations rarely exist — making express written authorization in your estate documents critical.
Ryan includes explicit RUFADAA language in every will, trust, and POA he drafts. The language authorizes the fiduciary to: access digital accounts and devices; receive electronic communications; use credentials and login information; transfer, sell, or hold digital assets; and close or memorialize accounts. Without this authority, executors face potential CFAA (Computer Fraud and Abuse Act) liability for accessing crypto wallets — even when the access is intended to fulfill the decedent\'s wishes.
Cryptocurrency is controlled by private keys (for non-custodial wallets) or login credentials (for exchange accounts). The succession plan must address both:
For exchange-held crypto (Coinbase, Kraken, Gemini, Binance.US):
For non-custodial wallet crypto (hardware wallets, software wallets, paper wallets):
The person who will receive your cryptocurrency needs enough preparation to actually access and transfer it. Specifically: