Michigan Digital Assets Estate Planning

It is not legal advice. Verify current requirements with the county probate court, relevant agency, or qualified Michigan counsel before acting.

Michigan settles digital-asset access with its own statute: the Fiduciary Access to Digital Assets Act, MCL 700.1001 to 700.1018, enacted as Michigan Public Act 59 of 2016 and effective June 27, 2016. It is Michigan's enactment of the Revised Uniform Fiduciary Access to Digital Assets Act, folded into the Estates and Protected Individuals Code. This guide leads with what the Michigan act says, then covers the shared account-inventory and planning steps.

Do not place passwords in a will or public court filing.

The Michigan Fiduciary Access to Digital Assets Act

The Michigan act runs from the short-title section at MCL 700.1001 through the closing federal-interaction section at MCL 700.1018. A few Michigan-codified rules drive how a fiduciary actually gets access.

Michigan's definitions frame the whole request. The definitions at MCL 700.1002 set the vocabulary a Michigan fiduciary works with. A "digital custodian" is the person that carries, maintains, processes, receives, or stores a digital asset of a user, so the custodian is the platform you send the request to. Michigan draws a sharp line between two things: the "catalogue of electronic communications" (who a user communicated with, plus the time, date, and electronic address) and the "content of an electronic communication" (the substance or meaning of the message itself). That catalogue-versus-content split, not a generic idea of privacy, is what decides how much a Michigan fiduciary can obtain and what proof the custodian will demand.

Michigan codifies the three-tier priority. MCL 700.1004 makes user direction a ranked order under Michigan law. A direction the user gives through a platform's own online tool, if that tool lets the user modify or delete the direction at any time, overrides a contrary direction in a will, trust, or power of attorney. If there is no online tool, the direction in the will, trust, power of attorney, or other record controls. Only if the user did neither does the terms-of-service agreement govern. The practical takeaway for a Michigan estate: a platform legacy-contact or inactive-account setting can outrank the will, so check the online tool first.

Content disclosure requires consent or a court order. Under MCL 700.1007, a custodian discloses the content of a deceased user's electronic communications only if the user consented to that disclosure or a court directs it. To get content, the personal representative typically must send the custodian a copy of the user's will, trust, power of attorney, or other record showing the user's consent to disclose content, unless the user gave that direction through an online tool. Silence in the estate documents usually means the fiduciary gets the catalogue, not the messages.

The catalogue request ties into Michigan probate. MCL 700.1008 covers the personal representative's request for the catalogue and other (non-content) digital assets. Michigan lets the custodian require a written request, a copy of the death certificate, and a certified copy of the personal representative's letters of authority, a small-estate affidavit, or a court order. Those are the same Michigan probate credentials the personal representative already holds, which links digital-asset access directly to how the estate was opened. The custodian may also ask for an account identifier and evidence linking the account to the deceased user.

What Counts As A Digital Asset

Digital assets can include electronic records tied to money, memory, work, or identity.

Common examples include:

Online bank, payment, and investment accounts
Cryptocurrency wallets, seed phrases, and exchange accounts
Domain names, websites, stores, and creator accounts
Cloud photo, document, and email accounts
Loyalty points, gaming accounts, and subscriptions
Social media profiles and messaging records

Some assets have dollar value. Others matter because family members need access, closure, or preservation. Under the Michigan definitions above, most of these are records held by a digital custodian, so access runs through the custodian rather than through possession of a device.

Who May Need Access

Different fiduciaries need different access.

Fiduciary	Why access may matter
Personal representative	Inventory estate assets, close accounts, collect value
Trustee	Manage trust-owned digital property
Agent under power of attorney	Handle accounts during incapacity
Guardian or conservator	Protect assets or records under court authority

Pair digital-asset planning with Michigan power of attorney and Michigan healthcare directive planning when incapacity is part of the concern.

Build A Digital Asset Inventory

Create a private list that names each account, where it is held, how to reach it, whether it has financial value, and what should happen to it. Keep credentials in a password manager or other secure storage, not in the will.

For cryptocurrency, record wallet type, exchange names, device locations, seed phrase storage, and recovery contacts. A personal representative cannot recover assets when the recovery phrase is gone.

Give Clear Written Directions Under The Michigan Priority

Because MCL 700.1004 ranks the online tool above the will, set your directions in that order. First, use each platform's own online tool where one exists, since that setting can override a contrary provision in your will, trust, or power of attorney. Then add written authority in the will, trust, and power of attorney for the accounts that have no online tool.

Content access is the piece people miss. If you want your fiduciary to read the messages, not just the catalogue, say so plainly in the will, trust, or power of attorney, because MCL 700.1007 requires that record of consent unless you gave content direction through an online tool. Clear documents can also tell the fiduciary to preserve family photos, close subscriptions, transfer a domain name, maintain a business account, or liquidate cryptocurrency.

Digital Assets During Michigan Probate

During probate, the personal representative should identify digital assets while building the estate inventory. Under MCL 700.1008, the same credential that opened the estate, the letters of authority, small-estate affidavit, or court order, is what the custodian will require for a catalogue request, so keep certified copies ready. Track each account request, the custodian's response, any court order for content under MCL 700.1007, and the asset values.

For broader inventory and account tracking, read the Michigan probate accounting guide. For tax-sensitive inherited assets, read Michigan step-up in basis.

Sources

Title: MCL 700.1001, Short title; fiduciary access to digital assets act (Public Act 59 of 2016, effective June 27, 2016). Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-1001
Title: MCL 700.1002, Definitions (digital custodian, user, designated recipient, online tool, catalogue of electronic communications, content of an electronic communication). Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-1002
Title: MCL 700.1004, Disclosure of user's digital assets; use of online tool to direct digital custodian; contrary provision (three-tier priority). Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-1004
Title: MCL 700.1007, Disclosure of deceased user's electronic communications to personal representative; procedure (content; consent or court order). Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-1007
Title: MCL 700.1008, Disclosure of other digital assets of deceased user to personal representative (catalogue; letters of authority, small-estate affidavit, or court order). Publisher: Michigan Legislature. Publication Date: Michigan Compiled Laws current through PA 14 of 2026. URL: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-1008

This guide provides general Michigan digital-asset planning information. Verify access authority with the platform, the governing document, and Michigan counsel.