Planning Digital Assets in a Will: Questions for Your Adviser
A complete guide to writing a legally valid digital will in the United States — what to include, what to exclude, and how to store credentials safely.
Prepare the facts before drafting legal documents
“Digital will” can mean an electronically executed will or provisions concerning digital assets. Those are different questions. The validity of a will depends on the applicable law and execution requirements, not merely the presence of a digital-assets clause.
Use this guide to organise information for a qualified adviser, not as a ready-to-sign will. Ask which formalities apply, which person should administer the assets and how provider legacy settings interact with your documents. An encrypted delivery service is not a legal drafting service or independent escrow.
Questions to resolve with your adviser
Explain the assets you own, the services you use and the people you intend to help. Ask your adviser to address appropriate authority over account records and communication content, any privacy or contractual restrictions, and the appointment of an alternate if the primary person cannot act.
Write your preferences in plain language first: which memories should be preserved, which accounts should be closed and which business records must remain available. Your adviser can explain what can be implemented and which provider process is required. Do not issue blanket deletion instructions where records may need to be retained.
Keep secrets out of broadly circulated documents. Reference the location and custodian of the recovery arrangement instead of copying passwords, wallet seeds or backup codes into the will. Ask how to update the practical inventory without accidentally changing the legal effect of your estate documents.
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
Keep the inventory with your secure records and an independent backup. If using ZeroLatch, share a scoped map and appropriate contact details, rather than every credential in one package. Review after changing accounts, recipients or legal documents. The handoff checklist can help organise the information but does not establish legal validity.
Interactive Tool: Personal Digital Legacy Audit Checklist
Audit your online footprint, secure accounts, catalog devices, and check off estate planning compliance items.
ZeroLatch Editorial Team
Published by ZeroLatch to explain future delivery and continuity planning. These guides are not independent reviews of our product. Read our editorial standards and corrections.
Disclaimer: The information provided in this article is for educational and informational purposes only and does not constitute legal, financial, or technical advice. ZeroLatch is a software service, not a law firm. We recommend consulting with qualified professionals regarding your specific estate planning, data privacy, and security needs.
Help someone find what matters if you cannot respond
See a handoff with document locations, trusted contacts and first steps. ZeroLatch releases it to your chosen person after missed check-ins and a safety period. You can also explore business and digital-assets examples.
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