What Happens to Your Digital Assets When You Die in North Carolina?
- kingrowelaw
- Aug 4
- 3 min read
In today’s world, your legacy isn’t just physical—it’s digital too. From email accounts and social media profiles to cryptocurrency wallets and cloud storage, your digital assets are part of your estate and deserve careful planning. At King & Rowe, Attorneys at Law, we help clients in Hickory and across Catawba, Burke, and Caldwell counties create estate plans that reflect the digital age.
What Are Digital Assets?
Digital assets include any online or electronically stored content you own or control.
Examples include:
Email accounts (Gmail, Outlook)
Social media profiles (Facebook, Instagram, LinkedIn)
Photos and videos stored in the cloud (Google Drive, iCloud)
Banking and investment accounts accessed online
Domain names and websites
Cryptocurrency (Bitcoin, Ethereum)
Digital reward programs (frequent flyer miles, credit card points)
Subscription services (Netflix, Spotify, Amazon)
Why Digital Estate Planning Matters
Without proper planning, your loved ones may be locked out of important online accounts or unable to recover valuable digital property. In some cases, digital assets can be lost forever due to encryption, two-factor authentication, or terms-of-service agreements that prevent third-party access.
What Happens to Digital Assets in North Carolina?
North Carolina has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This law governs how executors, trustees, or agents under a power of attorney can access your digital accounts.
Under RUFADAA, your fiduciary must have:
Legal authority through a will, trust, or POA
Access credentials or user permission
Compliance with the platform’s terms of service
Many companies also provide online tools (like Facebook’s “Legacy Contact” or Google’s “Inactive Account Manager”) that allow you to control what happens to your account.
How to Plan for Digital Assets
Here’s how our Hickory-based estate attorneys help protect your digital footprint:
✅ 1. Inventory Your Digital Assets
Create a list of your online accounts, logins, and where assets are stored.
✅ 2. Designate a Digital Executor
Choose someone you trust to manage your digital estate. In North Carolina, you can name this person in your will or trust.
✅ 3. Secure and Share Passwords Carefully
Use a password manager or keep a sealed document in a safe place that your executor can access.
✅ 4. Include Digital Asset Clauses in Your Estate Plan
Clearly state your wishes for your digital content and grant legal authority to the appropriate person.
✅ 5. Use Provider Tools When Available
Facebook, Google, and Apple all offer settings to manage your account after death. Take advantage of these tools.
What Happens If You Don't Plan?
Without direction, your heirs could face:
Lost access to sentimental items like photos and videos
Unclaimed or forgotten financial accounts (e.g., crypto)
Data breaches or privacy violations
Lengthy legal disputes with tech companies
Let King & Rowe Help You Plan for the Digital Future
At King & Rowe, Attorneys at Law, we’re not just estate planning attorneys—we’re digital-era advocates. We know how to draft wills and powers of attorney that address digital assets and comply with North Carolina law. If you're in Hickory or nearby, let our local attorneys help secure every part of your legacy—online and off.
Schedule Your Consultation Today
📍 Based in Hickory, NC and serving Catawba, Burke & Caldwell Counties
📞 Call now or visit kingrowelaw.com to get started. 828-466-3858
📧 Viisit kingrowelaw.com to get started and ask how to include digital assets in your estate plan