Nevada Digital Assets Planning

Most Nevada estates now include property that has no paper form: email and cloud photos, social media accounts, an online bank login, maybe a Coinbase balance or a hardware wallet in a drawer. These digital assets carry real financial and sentimental value, yet a family often has no idea an account exists, let alone how to reach it. Nevada is one of the states that codified a fiduciary's path to those accounts early, and this guide leads with what Nevada's statute actually says before it turns to the steps you can take now. It pairs with the Nevada estate planning basics guide, which covers the core documents every adult needs.

Nevada Revised Statutes Chapter 722

Nevada's fiduciary access to digital assets law is NRS Chapter 722, the "Revised Uniform Fiduciary Access to Digital Assets Act of 2015." It is Nevada's enactment of the model act (RUFADAA) that most states now share, and it is the controlling authority for reaching a deceased Nevada resident's online accounts. A few provisions carry the weight, and they are worth knowing by section:

Priority runs online tool first, then your documents, then the fine print (NRS 722.310). Nevada codifies a strict order. A direction you give through a provider's online tool overrides a contrary direction in your will, trust, or power of attorney. If you leave no online-tool direction, your will, trust, or power of attorney controls. Only if you leave neither does the provider's terms-of-service agreement decide. This is Nevada's codified rule, not a provider courtesy, which is why the online tool is the single most reliable step you can take.

Content is locked down; the catalogue is not (NRS 722.340 and 722.350). Nevada draws a hard line between two layers of your email and messages. The content, the actual words of a communication, is defined in NRS 722.070 and is disclosable to your personal representative only if you consented (through an online tool or in your will, trust, or power of attorney) or a court directs it (NRS 722.340). The catalogue, the metadata defined in NRS 722.060 (who a message was to or from, and its date and time), is disclosable to your personal representative unless you prohibited it (NRS 722.350). So an executor can often learn that you emailed a bank without being able to read what the emails said, which is exactly why generic "handle my affairs" language is not enough for email content.

Custodians get 60 days (NRS 722.430). Once your personal representative sends a compliant request, the provider (the "custodian") must comply not later than 60 days after receiving the required information, or a Nevada court can order compliance. That statutory clock is the leverage behind a fiduciary request that a plain login attempt does not have.

A digital asset is the record, not the money (NRS 722.110). Nevada defines a digital asset as an electronic record in which a person has a right or interest, and it excludes the underlying asset unless the underlying asset is itself an electronic record. The dollars in an online bank account still pass through Nevada's ordinary financial and probate rules in the District Court. Chapter 722 governs the login and the records, not the account balance.

The mechanics below (the account inventory, the online-tool setup, the crypto handling) look similar in most RUFADAA states. What is specific to Nevada is Chapter 722 itself: the codified priority order in NRS 722.310, the content-versus-catalogue split in NRS 722.340 and 722.350, and the 60-day custodian clock in NRS 722.430. A Nevada estate planning attorney drafts your documents to Chapter 722 and confirms each provider's current procedure.

What Counts as a Digital Asset

Under NRS 722.110, a digital asset is an electronic record in which a person has a right or interest. In practical terms, that sweeps in nearly everything you own or manage online:

Email accounts such as Gmail, Outlook, and Yahoo Mail
Cloud storage and photo libraries on iCloud, Google Drive, or Dropbox
Social media accounts on Facebook, Instagram, X, LinkedIn, and TikTok
Cryptocurrency and exchange accounts including Bitcoin, Ethereum, tokens, and balances on Coinbase or Kraken
Domain names and websites the person registered or ran
Online financial accounts like online banking, PayPal, and Venmo
Loyalty and rewards balances such as airline miles and credit card points
Subscriptions for streaming, software, and storage that keep charging the estate
Digital business assets like an Etsy or Shopify store, an ad account, or an affiliate account

The definition is deliberately broad. What matters for estate work is that Chapter 722 governs access to these records, while the value behind them still moves through ordinary Nevada probate.

The Priority Order Under NRS 722.310

NRS 722.310 sets the order of authority, and a family should walk down it in order.

Tier 1: An Online Tool the Provider Offers

If the provider gives users a built-in way to say what happens to an account, and the person used it, that choice controls above everything else under NRS 722.310. These online tools include:

Google Inactive Account Manager, which lets you name people to receive specific data (or delete the account) after a set period of inactivity
Facebook Legacy Contact, which names someone to manage a memorialized profile
Apple Digital Legacy, which names a legacy contact who can request access to iCloud content after death

Under NRS 722.310, a valid online-tool designation beats your will. If you used Google Inactive Account Manager to send your Gmail data to your daughter, your executor cannot override that and route it to your son.

Tier 2: Your Will, Trust, or Power of Attorney

If no online tool applies, NRS 722.310 looks to your own legal documents. Directions in a will, a trust, or a power of attorney that address digital assets control at this tier. A will clause granting your executor authority over your digital accounts, or a trust that names your digital property, gives your fiduciary a solid legal basis to ask providers for access.

Tier 3: The Provider's Terms of Service

If there is no online tool and no direction in your documents, the provider's terms-of-service agreement decides. This is the weakest position. Many platforms restrict account sharing and give an executor little or nothing beyond memorialization or deletion. Relying on the terms of service means accepting whatever each company chooses to allow.

Why Content Is Harder to Reach Than the Catalogue

The single most consequential detail in Chapter 722 is the split between two layers of email and messages, defined in NRS 722.060 and NRS 722.070:

The catalogue (NRS 722.060) is the metadata: who a message was to or from, and its date and time.
The content (NRS 722.070) is the actual substance of the message.

Under NRS 722.350, your personal representative can obtain the catalogue unless you prohibited disclosure. Under NRS 722.340, reaching the content requires more: either your explicit consent, given through an online tool or written into the will, trust, or power of attorney, or a court order directing disclosure. Without that consent, an executor may learn that emails were exchanged with a bank but not read what they said. This is exactly why generic "my executor may handle my affairs" language is often not enough for email content, and why specific authorization matters.

Steps to Take Now

A few deliberate steps while you are healthy save your family months of frustration later.

Use the Online Legacy Tools Today

Set up the provider tools on the accounts that matter. They take minutes and sit at the top of the priority order:

Google: Data and privacy settings, then "Make a plan for your account"
Facebook: Settings, then Memorialization Settings, to name a Legacy Contact
Apple: Your name, then Password and Security, then Legacy Contact

Add Explicit Authorization to Your Documents

Ask the attorney who prepares your will, trust, or power of attorney to include a digital assets clause that authorizes your fiduciary to access, manage, and close your digital accounts, and that expressly consents to disclosure of the content of your electronic communications. That consent is the record NRS 722.340 asks for before a provider will release email and message content. Nevada is a community property state, so a married couple should also confirm that a shared account or a digital asset with real value is titled and addressed the way each spouse intends.

Keep an Inventory, Not a List of Passwords

Build a running inventory of your accounts and where the credentials live, then keep it current. Do not put passwords in your will, because a will becomes public record when it is filed with the court. Instead:

Store credentials in a password manager and arrange for your fiduciary to reach the master password
Keep a sealed letter of instruction with your estate documents that lists accounts and how to access them
Reference that separate document in your will rather than pasting the details into the will itself

Secure Cryptocurrency Separately

Crypto is the one asset class that can vanish permanently. Store seed phrases and private keys in a safe or safe deposit box, keep them out of any unsecured digital file, and tell your fiduciary where they are without exposing them to everyday risk. More on crypto below.

How a Nevada Executor Requests Access After Death

When you are the personal representative of a Nevada estate, NRS 722.340 and 722.350 set out exactly what to send a provider:

Check for an online-tool designation first. Under NRS 722.310 that direction controls, so look at each provider's legacy, memorialization, or inactive-account pages before anything else.
Review the will and any trust. Confirm what digital asset authority the documents grant, and whether they consent to disclosure of the content of communications, which is what NRS 722.340 requires for content.
Assemble the statutory documents. For the catalogue and most digital assets under NRS 722.350, and for content under NRS 722.340, the provider requires a written disclosure request, a certified copy of the death certificate, and a certified copy of the District Court order appointing you (your Letters). For content, add the record showing the deceased user's consent, unless a court order directs disclosure. A provider may also ask for an account identifier or evidence linking the account to the user.
Submit through the provider's official channel and start the clock. Under NRS 722.430, the custodian must comply not later than 60 days after receiving the required information. Providers still differ in practice: Google's process is functional, Meta is slower, and some small platforms have no process at all. Document every request and response.

If a provider refuses a request that complies with Chapter 722, a Nevada probate attorney can seek a court order compelling compliance under NRS 722.430, and for the content of communications you may need a court finding under NRS 722.340.

Cryptocurrency: Special Care

Cryptocurrency behaves unlike any other digital asset because no company holds it for you. Access depends entirely on the private key, or the seed phrase (a series of words that regenerates the key).

If the person held crypto on an exchange such as Coinbase or Kraken, the exchange controls the keys, and you can work through its estate process much like a financial institution, providing your Letters and the death certificate. If the person used a self-custody wallet, a hardware device or a software wallet, then no key means no access. There is no customer service line and no court order that can recover it. The crypto is simply gone.

When settling an estate that may hold crypto, search for a small hardware wallet device, printed or written seed phrases (often 12 or 24 words), files named "wallet," "seed," or "recovery," and any exchange login records. Once you secure access, document the holdings promptly for the inventory, since crypto values swing sharply and the date-of-death value sets both the estate figure and the beneficiary's basis. Nevada charges no state income, estate, or inheritance tax, so a crypto gain reported on the estate is a federal question, but the date-of-death value still governs the step-up in basis.

Stay Within Authorized Access

One caution runs through all of this. Using a deceased person's stored password to log in, even with good intentions, sits in a legal gray area. Federal law, including the Computer Fraud and Abuse Act and the Stored Communications Act, restricts unauthorized computer and account access, and most providers' terms forbid password sharing. The safer path is to use the fiduciary access process and the provider's official channels rather than self-help logins. When in doubt, a Nevada estate attorney can tell you where the line sits.

Frequently Asked Questions

Does my Nevada executor automatically get into my online accounts?

No. Under NRS 722.310, access depends on the directions you left. If you used an online tool or added digital asset authority to your will, trust, or power of attorney, your executor has a legal basis to request access. Without either, the provider's terms-of-service agreement controls, and many restrict what a fiduciary may see.

Can a provider refuse my fiduciary's request?

A provider can require the documents NRS 722.340 and 722.350 list, such as your Letters, a certified death certificate, and a written request, and can insist on the deceased user's consent or a court order for the content of communications. It cannot lawfully refuse a valid request that complies with Chapter 722, and NRS 722.430 gives the custodian 60 days to comply once it has the required information.

What happens to cryptocurrency if no one has the private keys?

For a self-custody wallet, it is effectively lost forever. No central authority can recover crypto without the private key or seed phrase, which is why securing and documenting them matters so much.

Should I put my passwords in my will?

No. A will becomes public record when it is filed with the court. Keep passwords in a password manager or a sealed letter of instruction and reference that separate document in your will.

Sources:

Title: Nevada Revised Statutes, Chapter 722 (Revised Uniform Fiduciary Access to Digital Assets Act of 2015), including NRS 722.060, 722.070, 722.110, 722.310, 722.340, 722.350, and 722.430. Publisher: Nevada Legislature. Publication Date: Current official code, accessed 2026-07-02. URL: https://www.leg.state.nv.us/NRS/NRS-722.html
Title: Nevada Revised Statutes, Chapter 143 (Powers and Duties of Personal Representatives). Publisher: Nevada Legislature. Publication Date: Current official code, accessed 2026-07-02. URL: https://www.leg.state.nv.us/NRS/NRS-143.html
Title: Revised Uniform Fiduciary Access to Digital Assets Act (2015). Publisher: Uniform Law Commission. Publication Date: 2015, accessed 2026-07-02. URL: https://www.uniformlaws.org/committees/community-home?CommunityKey=f7237fc4-74c2-4728-81c6-b39a91ecdf22
Title: Inactive Account Manager. Publisher: Google. Publication Date: Accessed 2026-07-01. URL: https://myaccount.google.com/data-and-privacy
Title: Add a Legacy Contact for a memorialized account. Publisher: Meta (Facebook). Publication Date: Accessed 2026-07-01. URL: https://www.facebook.com/help/1568013990080948

This guide provides general information about digital assets and fiduciary access under Nevada law. Digital asset planning involves legal and technical choices specific to your situation, so consult a Nevada estate planning attorney for advice on your accounts, and confirm the current statute and provider procedures before you act. It is not legal advice.