Many digital assets are accessed through “Custodians,” like email providers and social media services. A Digital Executor can request access to the digital assets held by Custodians. A Digital Executor may also have the power to manage, distribute, or terminate these digital assets consistent with the terms of your Estate Plan.
Do the laws vary by state?
While most states have passed laws recognizing the powers and authorities of Digital Executors, these laws are relatively new. Some states provide that an Executor of a Will or a Trustee of a Trust may be authorized and empowered to access and manage digital assets. Some states provide that you may use an online tool provided by a Custodian to disclose your digital assets to the individuals you specify.