As our lives increasingly move online, traditional estate planning must evolve to address a new category of property — digital assets. From cryptocurrency and NFTs to online bank accounts, social media, and cloud storage, today’s estates include far more than physical and financial property. The question is, who can legally access those assets when you pass away or become incapacitated?
In Florida, the answer lies in the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) which is a law that provides a legal framework for fiduciaries such as executors/personal representatives, trustees, guardians, and agents under a power of attorney to access a person’s digital property after death or incapacity.
The law is codified in Florida Statute Chapter 740 (FIDUCIARY ACCESS TO DIGITAL ASSETS) and allows users to explicitly authorize fiduciaries in their estate planning documents to manage digital assets, such as photos, online accounts, and social media.
Florida’s Adoption of RUFADAA
Florida adopted its version of RUFADAA in 2016 (codified in Chapter 740, Florida Statutes). The law balances two competing interests:
- Protecting an individual’s privacy and intent regarding their digital assets, and
- Allowing fiduciaries to manage those assets as part of their legal duties after death or incapacity.
Under Florida law, a fiduciary’s access to digital assets is not automatic. Instead, the owner must expressly grant access, i.e., either through the online platform’s own tools (such as Google’s “Inactive Account Manager” or Facebook’s “Legacy Contact”) or through clear provisions in an estate planning document such as a Last Will, Trust, or Durable Power of Attorney.
What Counts as a “Digital Asset”?
RUFADAA defines “digital assets” broadly. These include:
- Cryptocurrency (Bitcoin, Ethereum, etc.) and related wallets or exchange accounts
- NFTs (Non-Fungible Tokens)
- Online financial accounts (PayPal, Venmo, CashApp, etc.)
- Email accounts and cloud storage
- Social media accounts (Facebook, Instagram, X/Twitter, LinkedIn)
- Digital photos, videos, and creative works stored online
- Domain names, blogs, and monetized websites or channels
In short: if it lives online or is accessed electronically, it is a digital asset, and unless you authorize access, your fiduciaries may be legally barred from retrieving it.
Why Cryptocurrency and Digital Assets Pose Special Challenges
Unlike traditional assets held by a bank or brokerage, cryptocurrency is decentralized. Consequently, there is no single institution that can reset your password or provide account access after your death. If no one knows your private keys or wallet recovery phrases, your digital fortune could be permanently lost.
That is why it is essential for Floridians who hold digital currency or other valuable digital assets to create a comprehensive plan that ensures access yet safeguards security during life.
Practical steps include:
- Maintaining a secure record of wallet keys and exchange credentials (and storing them separately from your Last Will).
- Naming a trusted digital executor/personal representative or trustee in your Last Will or Trust who is granted explicit authority under RUFADAA to manage digital property.
- Working with your attorney to include specific RUFADAA-compliant language in your estate planning documents.
How to Grant Access to Your Digital Assets
Under Florida’s RUFADAA, there is a clear hierarchy that determines how fiduciaries can access digital property:
- Online Tools or Platforms – If a digital service offers a tool to designate who may access your account after death (like Google’s or Apple’s legacy options), that instruction takes priority.
- Estate Planning Documents – If you specify access permissions in your Last Will, Trust, or Power of Attorney, those directions control.
- Service Provider Terms of Service (TOS) – If no designation exists, access may be limited or denied according to the provider’s own policies.
In other words: if you do not make your wishes known, your fiduciaries may be powerless to act, even with court authority.
Why This Matters for Florida Residents
Florida residents are increasingly investing in digital assets, especially cryptocurrency and online businesses. Yet many existing estate plans fail to address these types of property. Without proper authorization, families may face:
- Locked accounts that cannot be accessed or transferred
- Lost cryptocurrency or NFTs
- Delays in estate administration
- Potential privacy or legal violations
By planning ahead under Florida’s RUFADAA framework, you ensure your digital life is managed just as carefully as your tangible and financial assets.
Next Steps: Protecting Your Digital Legacy
If you own cryptocurrency, maintain an online business, or simply want to ensure your personal accounts are protected and accessible, now is the time to act.
A Florida estate planning attorney can help you:
- Update your Last Will, Trust, and Power of Attorney to include digital asset provisions.
- Create a Digital Asset Inventory and instructions for fiduciaries.
- Safeguard your private keys and passwords while maintaining privacy and security.
Conclusion
Digital assets are now part of everyday life, and estate planning in Florida must reflect that reality. The Revised Uniform Fiduciary Access to Digital Assets Act empowers you to control what happens to your online life when you no longer can.
As technology evolves, so should your estate plan. Do not allow your cryptocurrency, social media, or online business to disappear into the digital void, ensure your plan covers your digital legacy as well.
The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.
If you have any additional questions regarding the foregoing or have any legal issues or concerns, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.