The Legal Landscape

Digital inheritance law is one of the fastest-evolving areas of estate law. As digital assets grow in both value and significance, legislatures worldwide are scrambling to create frameworks that balance access rights, privacy concerns, and service provider obligations.

The fundamental tension is between two competing interests: the deceased's family needs access to important digital assets, while the deceased (and their correspondents) may have had privacy expectations about certain digital content. Courts and legislators must navigate this tension on a case-by-case and jurisdiction-by-jurisdiction basis.

United States: check enacted rules

RUFADAA is a model for fiduciary access to digital assets, but the enacted law and procedure in the relevant state control. California’s current code identifies its framework by that name. Avoid relying on an undated nationwide adoption count.

Ask local counsel about user directions, online tools, communication content, account records and the authority of an executor or other fiduciary. A provider may need documentation before releasing information, and a saved password does not establish permission to use it.

International planning needs current local advice

Property status, succession, account access and tax treatment are distinct issues. The Property (Digital Assets etc) Act 2025 clarifies that a digital thing is not excluded from personal property rights merely because it falls outside two traditional categories. It extends to England and Wales and Northern Ireland; it is not a complete cross-border inheritance procedure.

For other jurisdictions, identify the relevant official legislation and seek qualified local advice. Do not assume a national label resolves provincial, state or asset-specific differences. Record where you live, where assets and providers are connected, and which documents or provider settings already exist.

Keep legal authority, practical access and an independent backup aligned. ZeroLatch can deliver a scoped inventory and instructions after a missed check-in and safety period. It does not transfer assets, establish legal authority or confirm death. Simple permits authorised service-managed key recovery; Private requires a separate password or ZeroLatch recovery phrase. Neither option replaces an independent backup or a real recipient rehearsal. Start with harmless information and read the security model and backup checklist.