Florida Digital Assets: Managing Online Accounts

Florida has its own statute that decides who can reach your online accounts after you die or become incapacitated: the Florida Fiduciary Access to Digital Assets Act, Florida Statutes Chapter 740 (Fla. Stat. 740.001 through 740.11, effective July 1, 2016). It is Florida's enactment of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), so the framework will look familiar if you have read another state's version. What matters for a Florida estate is how Chapter 740 is worded and how it runs through a Florida probate in the Circuit Court.

That is worth getting right here. Florida's large retiree population means a lot of Floridians hold cryptocurrency, brokerage apps, cloud photo libraries, and long-lived email accounts that a personal representative will have to deal with. This guide leads with what Chapter 740 actually says, then covers how to plan for digital assets, what your fiduciaries can access, and how to administer digital property in a Florida estate. It is general information, not legal advice.

What Are Digital Assets?

Digital assets include any electronic records you own or control.

Financial Digital Assets

Cryptocurrency:

• Bitcoin, Ethereum, and other cryptocurrencies
• Tokens and NFTs
• Digital wallets and exchange accounts
• Private keys and seed phrases

Online Financial Accounts:

• Online banking and bill pay
• PayPal, Venmo, Zelle accounts
• Investment apps (Robinhood, Acorns)
• Payment processors

Online Business Assets:

• E-commerce stores
• Domain names
• Websites and web applications
• Digital product inventory
• Advertising accounts

Personal Digital Assets

Social Media:

• Facebook, Instagram, Twitter/X
• LinkedIn, TikTok
• YouTube channels

Storage and Media:

• Cloud storage (Google Drive, Dropbox, iCloud)
• Photo libraries
• Music and video libraries
• E-books and digital subscriptions

Communications:

• Email accounts (Gmail, Yahoo, Outlook)
• Messaging apps
• Text message history

Gaming and Entertainment:

• Video game accounts and in-game items
• Streaming subscriptions
• Loyalty program points

Digital Property with Real Value

Some digital assets carry real monetary value:

• Cryptocurrency portfolios
• NFT collections
• Domain name portfolios
• Monetized social media accounts
• Online businesses
• Digital art and intellectual property

Florida Statutes Chapter 740

Chapter 740 is Florida's own digital-assets law, and its section structure is what a Florida personal representative, agent, trustee, or guardian actually works from. The pieces below are specific to how Florida codified the act.

Florida's definitions decide what a fiduciary can even ask for (Fla. Stat. 740.002)

Section 740.002 sets three definitions that control every request under the chapter:

• A custodian is the company that "carries, maintains, processes, receives, or stores" the digital asset, meaning the platform or provider, not the account holder.
• The content of an electronic communication is the substance or meaning of the message itself, the part protected by federal privacy law.
• The catalogue of electronic communications is the record that identifies who a user communicated with, such as the sender, recipient, and timestamps, without the message body.

That content-versus-catalogue line is the whole point of the statute. A Florida fiduciary reaches the catalogue far more easily than the content, and only the content requires the user's consent.

Florida's codified three-tier priority (Fla. Stat. 740.003 and 740.004)

Section 740.003 fixes the order Florida uses to decide who directs disclosure, and it is the rule that overrides a platform's default terms:

1. An online tool. If you used a provider's built-in tool to name someone (Facebook's Legacy Contact, Google's Inactive Account Manager), that direction controls and overrides a contrary will, trust, or power of attorney.
2. Your estate planning documents. If you used no online tool, your directions in a will, trust, or power of attorney control.
3. The terms-of-service agreement. If you did neither, section 740.004 preserves the provider's terms of service as the default.

The practical takeaway for a Florida estate: an online tool beats your will, so keep the two consistent. If Facebook's Legacy Contact names one person and your Florida will names another, the Legacy Contact wins under 740.003.

The Florida disclosure procedure (Fla. Stat. 740.005 and 740.006)

Section 740.005 lets the custodian choose to grant full access, partial access, or a copy of the records, and to charge a reasonable administrative fee. To get the content of a deceased Floridian's communications, section 740.006 lets the custodian require the personal representative to provide:

• A written request
• A certified copy of the death certificate
• A certified copy of the letters of administration or other order appointing the personal representative from the Florida Circuit Court
• Unless the user left an online-tool direction, a copy of the will, trust, or power of attorney showing consent to disclosure of content
• If asked, the account identifier, evidence linking the account to the user, or a Circuit Court finding that the user consented or that disclosure is reasonably necessary to administer the estate

Sections 740.008 and 740.009 run the same procedure for an agent under a power of attorney, 740.01 through 740.03 for a trustee, and 740.04 for a guardian. Under section 740.05 the fiduciary's authority over digital assets is subject to the same duties as any other estate property, and section 740.06 gives the custodian 60 days to comply and grants it immunity for acting in good faith.

Note: even with Chapter 740 authority, a custodian can still ask for a court order, and section 740.006 expressly lets it require a Circuit Court finding before releasing content.

Planning for Digital Assets in Florida

Step 1: Create a Digital Asset Inventory

Document all your digital assets.

Step 2: Use Platform Tools

Many platforms offer legacy or memorialization tools.

Google (Inactive Account Manager):

• Designate up to 10 people to receive data
• Set inactivity timeout period
• Choose to delete account or share data

According to Google's Inactive Account Manager support page, you can decide what happens to your account after a period of inactivity.

Facebook (Legacy Contact):

• Name someone to manage memorialized account
• Option to delete account after death
• Legacy contact can pin posts and respond to friend requests

Apple (Digital Legacy):

• Add Legacy Contacts in iOS/macOS settings
• Contacts can access photos, messages, notes, files
• Requires your death certificate

Instagram:

• Memorialization or removal requests
• No pre-death designation currently

Step 3: Include Digital Assets in Estate Documents

Add specific provisions to your will or trust.

Grant Authority: Explicitly authorize your fiduciary to access, manage, and distribute digital assets.

Consent to Content Access: Under section 740.006, the content of your communications stays sealed unless you consent. If you want your personal representative to read email or message content, say so in writing in the will, trust, or power of attorney, or set an online tool that directs it.

Provide Instructions: Specify what should happen to accounts (delete, memorialize, transfer).

Sample Language: "I authorize my personal representative to access, manage, continue, or terminate any digital accounts, including the content of electronic communications, and to exercise all rights I have in digital assets."

Step 4: Secure Storage of Access Information

Store your digital asset inventory securely.

Password Manager:

• Use a reputable password manager
• Share master password with fiduciary or include in estate plan
• Consider family sharing features

Physical Storage:

• Encrypted USB drive in safe deposit box
• Written instructions in secure location
• Update regularly

Digital Vault Services:

• Services designed for posthumous access
• May provide structured release to fiduciaries

What NOT to Do:

• Don't put passwords directly in your will (becomes public record)
• Don't rely on memory
• Don't share passwords widely

Step 5: Update Power of Attorney

Your durable power of attorney should specifically address digital assets:

• Authority to access accounts during incapacity
• Authority to manage digital business assets
• Consent for content access

Cryptocurrency Estate Planning

Cryptocurrency needs special attention because access typically requires private keys that cannot be recovered if lost.

The Challenge

• No central authority to reset passwords
• Lost private keys = lost cryptocurrency forever
• Complex technical requirements
• Volatile values

Planning Strategies

Document Everything:

• Wallet types and locations (hardware, software, exchange)
• Private keys and seed phrases
• Exchange account credentials
• How to access hardware wallets

Secure Storage of Keys:

• Hardware wallet in secure location
• Seed phrase backup in separate secure location
• Consider multi-signature wallets
• Safe deposit box considerations

Consider Professional Help:

• Cryptocurrency-savvy estate attorney
• Digital asset custody services
• Multi-signature arrangements with trusted parties

Instructions for Fiduciary:

• Step-by-step access instructions
• How to convert to fiat currency if desired
• Tax reporting requirements
• Security precautions

Valuation for Estate Purposes

Cryptocurrency receives step-up in basis like other assets:

• Value at date of death becomes new basis
• Document values carefully
• Consider professional appraisal for large holdings

Administering Digital Assets After Death

For Personal Representatives/Trustees

Step 1: Locate Digital Asset Information

• Review estate planning documents
• Search for password managers or digital vaults
• Check decedent's devices and papers

Step 2: Secure Accounts Immediately

• Change passwords where possible
• Add extra security
• Document account status

Step 3: Determine What's Needed

• Which accounts have value?
• Which have sentimental importance?
• Which can be closed?

Step 4: Request Access Under Chapter 740 Give the custodian the package section 740.006 authorizes it to require:

• A certified copy of the death certificate
• A certified copy of your Florida Circuit Court letters of administration
• The will, trust, or power of attorney showing the decedent's consent to content access, unless an online tool already directs disclosure
• The account identifier and any evidence linking the account to the decedent, if the custodian asks

Step 5: Follow Platform Procedures Each platform has different requirements:

• Apple, Google, Facebook have set processes
• Smaller platforms may require a Circuit Court order, which section 740.006 permits a custodian to insist on before releasing content
• Some accounts cannot be transferred (only closed)

Common Provider Policies

Challenges You May Face

Terms of Service Conflicts: Some platforms prohibit account transfers. Even with legal authority, you may only be able to close accounts.

Technical Barriers: Two-factor authentication, biometric locks, and encryption can block access.

Jurisdiction Issues: Platforms may operate outside Florida or the U.S. with different rules.

Privacy Concerns: The deceased may have wanted some digital content to remain private.

Tax Considerations

Income Tax

• Income from digital assets is taxable to the estate
• Cryptocurrency sales trigger capital gains or losses
• Online business income continues until the business closes

Estate Tax

• Digital assets count toward the gross estate
• You must value them at date of death
• Cryptocurrency, domains, and digital businesses may carry real value

Basis

• Beneficiaries receive stepped-up basis
• Document date-of-death values carefully
• Keep records of cost basis for tax returns

The IRS treats virtual currency as property for federal tax purposes, according to IRS Notice 2014-21.

Frequently Asked Questions

Can my executor access my email after I die?

Under Fla. Stat. 740.002, your personal representative can reach the catalogue (the list of who you emailed and when) far more easily than the content. To release the actual message content, section 740.006 requires your consent, so authorize content access in your will, trust, or power of attorney, or set an online tool.

Does my Florida will control my online accounts?

Only if you did not use a provider's online tool. Under Fla. Stat. 740.003, an online-tool direction (like a Facebook Legacy Contact or Google Inactive Account Manager choice) overrides a contrary will, trust, or power of attorney. Keep the two aligned so your Florida will and your online-tool settings name the same person.

What happens to my cryptocurrency if I don't plan?

If you don't leave access instructions (private keys, passwords), your cryptocurrency may be permanently inaccessible. Unlike bank accounts, there's no central authority to grant access.

Can I transfer my social media accounts to someone?

Most platforms prohibit account transfers in their terms of service. You can typically designate a legacy contact to manage a memorialized account, but not transfer ownership.

Do I need to list all my passwords in my will?

No, and you shouldn't. Wills become public record after death. Reference a separate secure document or password manager in your will instead.

What if a platform won't cooperate with my fiduciary?

Chapter 740 gives the authority and section 740.06 gives the custodian 60 days to comply, but section 740.006 still lets a custodian require a Circuit Court finding before releasing content. If a platform refuses a reasonable request, the personal representative may need an order from the Florida Circuit Court compelling disclosure.

How do I value digital assets for estate purposes?

• Cryptocurrency: Market value at date of death
• Domain names: Comparable sales or appraisal
• Online businesses: Business valuation
• Social media accounts: Generally no transferable value
• NFTs: Recent sales or appraisal

Related Florida Guides

• Florida Estate Planning Basics
• Florida Revocable Living Trust
• Florida Will Requirements
• Florida Trust Administration
• Florida Step-Up in Basis

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Sources

• Florida Statutes Chapter 740, Florida Fiduciary Access to Digital Assets Act (Fla. Stat. 740.001 through 740.11; sections 740.002, 740.003, 740.004, 740.005, 740.006, 740.06) | Florida Legislature | 2024 | https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0740/0740.html
• Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) | Uniform Law Commission | 2015 | https://www.uniformlaws.org/committees/community-home?CommunityKey=f7237fc4-74c2-4728-81c6-b39a91ecdf22
• IRS Notice 2014-21 (Virtual Currency Guidance) | Internal Revenue Service | 2014 | https://www.irs.gov/irb/2014-16_IRB#NOT-2014-21
• Inactive Account Manager | Google Support | 2024 | https://support.google.com/accounts/answer/3036546

Last Updated: January 2026. This guide provides general information about digital assets in Florida estate planning. Digital asset planning involves complex technical and legal issues. Consult with a Florida estate planning attorney familiar with digital assets. It is not legal advice.