You’ve spent decades building a digital footprint: your email inbox holds years of family correspondence, your Google Photos library is packed with irreplaceable memories, your online banking and investment accounts manage your wealth, and your business’s website or Amazon store is a real source of income. But as you look at this sprawling digital life, a question nags at you—if something happened tomorrow, would your family even know what you have, much less be able to access it? You’re not alone. For residents in Dallas, Fort Worth, Plano, Frisco, and throughout North Texas, the challenge of digital assets estate planning is new, urgent, and all too easy to ignore—until it’s too late.
This article will guide you through what happens to digital assets under Texas law, what counts as a digital asset, and the practical steps you can take to protect your digital legacy. Whether you’re a tech-savvy entrepreneur, a family protector, or someone just realizing the gaps in your estate plan, you’ll find actionable guidance tailored for the realities of digital assets in estate planning.
What Are Digital Assets in Texas Estate Planning? Understanding the Full Scope
Digital assets in Texas estate planning go far beyond just your social media accounts. Under the law, digital assets include any electronic record in which you have a right or interest. That means your estate plan should cover a wide array of assets, such as:
- Email accounts (Gmail, Outlook, Yahoo) containing critical communications and personal information
- Social media profiles (Facebook, Instagram, LinkedIn, Twitter/X) that may hold personal photos, messages, and business connections
- Cloud storage services (Google Drive, Dropbox, iCloud) storing family photos, tax documents, and intellectual property
- Cryptocurrency wallets and exchanges (Bitcoin, Ethereum, Coinbase, hardware wallets) representing significant financial holdings
- Online banking and investment accounts (Chase, Fidelity, Robinhood, PayPal)
- Digital businesses and income streams (Shopify stores, Amazon FBA accounts, YouTube channels, domain names)
- Digital intellectual property (ebooks, code, photography, art stored or sold online)
Texas has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which creates the legal framework for managing these assets after death. If you’re in Dallas-Fort Worth or anywhere in Texas, understanding the breadth of your digital estate is the first step toward real protection.
Texas Law and Digital Asset Inheritance: What You Need to Know
Texas digital estate planning is governed by the Texas Estates Code Chapter 2001, which incorporates RUFADAA. Here’s how it works:
- Executor Access: Your executor or designated digital fiduciary (the person you name to manage your digital property after your death) may have the right to access, manage, or delete your digital accounts—but only under certain conditions.
- Estate Documents: You can—and should—specifically address digital assets in your will, power of attorney, or a separate digital asset authorization. This gives your executor the legal standing to request account access.
- Terms of Service vs. Texas Law: Even with a will, platform-specific terms of service (TOS) agreements may override your wishes. For example, Google, Apple, or Facebook may restrict access to your account, only permit limited data downloads, or offer a “memorialization” option rather than full access.
- The Catalogue vs. Content Distinction: Texas law allows your executor to access a “catalogue” (a list of communications—like email headers or sender/recipient information) but not necessarily the “content” (the actual email body or attachments) of digital communications unless you’ve given clear, legally compliant consent.
- Federal Law Considerations: The federal Stored Communications Act (SCA) can limit a Texas executor’s ability to access certain communications, even with a will. This is why digital assets estate planning requires careful legal drafting and familiarity with both federal and Texas statutes.
The reality is, most traditional wills don’t mention digital assets at all, leaving families in Dallas, Plano, or Frisco with significant headaches. That’s why working with a Dallas estate planning attorney who understands both Texas law and digital account policies is crucial.
The Risk: What Happens to Digital Assets When There’s No Plan?
Without a dedicated digital assets estate plan, the default is confusion, delay, and sometimes permanent loss. Here’s what typically happens:
- Executors Face Roadblocks: Even if your executor knows about your accounts, banks, social media platforms, and cloud providers will rarely grant access without proper legal documents—and often not even then, due to restrictive TOS.
- Lost Cryptocurrency and Online Wealth: If you own cryptocurrency and haven’t documented wallet keys or access methods, your assets could be unrecoverable—no bank vault, no “forgot password” reset, and no legal recourse.
- Business Disruption: Online stores, consulting platforms, or digital services can be frozen, losing customers and income, if no one has authority or credentials to manage them.
- Permanent Loss of Memories: Photos, videos, and messages stored in online accounts can be locked away forever, depriving your family of irreplaceable memories.
This isn’t about hypothetical risk; it’s the lived reality for many North Texas families every year. Proper digital assets estate planning can prevent these outcomes.
Protecting Your Digital Assets: 5 Essential Steps for Texas Residents
Estate planning for digital assets doesn’t have to be overwhelming. Here’s how you can take control:
- Create a Comprehensive Digital Asset Inventory: List all your online accounts, digital property, and devices. Include account names, URLs, types of assets, and general value or importance. Be thorough—think beyond finances to personal, creative, and business assets.
- Designate a Digital Fiduciary: In Texas, you can name a digital fiduciary in your will or through a separate legal document. This person will have the legal authority to access, manage, or close your digital accounts, subject to Texas RUFADAA and platform policies.
- Use a Password Manager with Estate Planning Features: A reputable password manager can securely store your login credentials and allow you to designate emergency access or legacy contacts. This balances security with accessibility—never write passwords in a will.
- Coordinate with an Estate Planning Attorney Experienced in Digital Assets: Work with a North Texas estate planning attorney who understands both the legal and practical complexities of digital assets. They’ll ensure your documents comply with Texas Estates Code, federal law, and current online platform policies.
- Document Platform-Specific Legacy or Access Options: Many platforms—like Facebook’s Memorialization Settings or Google’s Inactive Account Manager—allow you to pre-authorize access or specify what happens to your account. Incorporate these into your overall digital asset protection planning.
Integrating these steps with your traditional estate plan ensures your digital life is protected alongside your physical assets—without creating a separate, confusing process.
Take Control of Your Digital Legacy—Start Your Digital Assets Estate Planning Today
Your digital life is too valuable—and too vulnerable—to leave unplanned. Digital assets estate planning is now an essential part of protecting your family, your business, and your legacy in Dallas, Fort Worth, and across North Texas. With the right strategy, you can avoid confusion, prevent loss, and ensure your wishes are honored.
At The Law Firm of Ross F. Tew, P.C., we specialize in Texas digital estate planning that integrates seamlessly with your traditional estate plan. We help clients throughout the Dallas-Fort Worth metroplex create comprehensive digital asset inventories, designate digital fiduciaries, and navigate complex platform policies with confidence.
Don’t let your digital legacy slip through the cracks. Contact our Dallas estate planning attorneys today for a digital asset planning review and discover how straightforward and empowering protecting your online accounts can be. With the right guidance, you can secure your digital assets and give your loved ones the clarity and access they need—now and for generations to come.
This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship.
