How do you draft a legally valid digital will in the United States?

To write a valid digital will, explicitly authorize your executor to access your electronic communications, maintain an asset inventory separate from your public probate will, and use secure client-side encryption escrow platforms to deliver actual login credentials — never include passwords in the will itself.

A digital will is not a separate legal document — it's a set of provisions within your traditional will (or a codicil to it) that specifically address your digital assets. The term "digital will" is commonly used, but legally, these provisions are enforceable only when they're part of a properly executed will that meets your state's formalities.

In 2026, 56% of Americans have no estate planning documents at all, and only 15% have any provisions for digital assets. This means the vast majority of online accounts, digital photos, cryptocurrency, and digital businesses become inaccessible or are lost when the account holder dies.

Use our Life Expectancy Calculator to understand the urgency of planning today.

What to include in your digital will

1. Digital asset authorization clause "I grant my executor full authority to access, manage, transfer, archive, or delete any and all digital assets, online accounts, electronic communications, and digitally stored property belonging to my estate, pursuant to the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) or applicable state law."

2. Electronic communications access "I expressly authorize my executor to access the content of my electronic communications, as required under RUFADAA § 4(b), including but not limited to email, text messages, direct messages, and other electronic communications stored by custodians."

3. Digital executor designation "I appoint [name] as my digital executor to manage my digital assets. If [name] is unable or unwilling to serve, I appoint [backup name] as alternate digital executor."

4. Disposition instructions • "Delete my browsing history and search records" • "Memorialize my Facebook and Instagram profiles" • "Transfer my domain names to [name]" • "Close and delete my dating app accounts" • "Transfer my cryptocurrency holdings to [name]" • "Archive my email accounts and provide copies to [name]"

5. Reference to credential storage "My digital asset credentials, passwords, and access instructions are stored in a secure encrypted vault. My executor may obtain access by contacting [vault provider] or by accessing the vault through the credentials stored in [sealed envelope location]."

What NEVER to include: • Actual passwords or PIN codes (wills become public record) • Seed phrases or private keys • Security questions and answers • 2FA backup codes • Any credential that could be used to steal your identity or assets

The digital asset inventory template

Maintain a separate, private inventory (never in the will itself) of your digital assets:

Financial Accounts: • Bank and investment accounts (institution, account type, approximate value) • Cryptocurrency wallets (wallet type, blockchain, approximate value) • Exchange accounts (platform, approximate holdings) • Payment processor accounts (Stripe, PayPal, Square)

Communication Accounts: • Email accounts (provider, primary use) • Phone number and carrier • Messaging apps (WhatsApp, Signal, Telegram) • Social media (Facebook, Instagram, LinkedIn, X, TikTok)

Storage and Content: • Cloud storage (Google Drive, iCloud, Dropbox, OneDrive) • Photo libraries (Apple Photos, Google Photos) • Streaming services (Netflix, Spotify, YouTube) • Gaming accounts (Steam, PlayStation, Xbox) with digital purchases

Business and Professional: • Domain names (registrar, renewal date) • Business software licenses • Professional email lists • Intellectual property (copyrights, trademarks held digitally) • Code repositories (GitHub, GitLab)

Subscriptions and Recurring: • SaaS subscriptions • Membership sites • Recurring donations • App store accounts with payment methods on file

Store this inventory in your ZeroLatch vault alongside your actual credentials. Update it every 6 months. Use our Death Audit Checklist to build this inventory systematically.