NC Digital Assets Planning

Most North Carolina 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. North Carolina answers the access question with its own codified statute, and this guide leads with what that statute actually says before it turns to the practical steps.

North Carolina's RUFADAA: Chapter 36F of the General Statutes

North Carolina's rules for reaching a deceased or incapacitated person's online accounts are set out in N.C. Gen. Stat. Chapter 36F, the "Revised Uniform Fiduciary Access to Digital Assets Act," at sections 36F-1 through 36F-18. Chapter 36F is the operative law in this state, not a general summary, and it decides who may reach which accounts and on what terms. A few provisions in Chapter 36F carry the substance a North Carolina executor needs:

The order of authority is codified (G.S. 36F-4 and 36F-5). Under G.S. 36F-4, a direction a user leaves through a provider's online tool overrides a contrary direction in a will, trust, or power of attorney. If no online tool applies, the user's will, trust, or power of attorney controls. Only if neither exists does a provider's terms-of-service agreement under G.S. 36F-5 govern. That three-step order is North Carolina's rule, not a custom of any provider.
Content and catalogue are split (G.S. 36F-7 and 36F-8). North Carolina codifies a distinction between the content of electronic communications, such as the text of an email, and the catalogue, the record of who communicated with whom and when. G.S. 36F-7 lets a fiduciary reach the content of a deceased user's communications only where the user consented, while G.S. 36F-8 gives access to the catalogue and other digital assets on the ordinary showing. A generic "handle my affairs" clause does not unlock content.
There is a defined procedure and a 60-day clock (G.S. 36F-6 and 36F-16). G.S. 36F-6 sets the request procedure and lets a custodian, at its sole discretion, grant full access, grant partial access sufficient to perform the fiduciary's tasks, or provide a copy of the digital asset. G.S. 36F-16 then requires the custodian to comply within 60 days of receiving the required documentation, and grants the custodian immunity for good-faith compliance.
A fiduciary's authority is confirmed (G.S. 36F-15). The personal representative's legal authority over the estate's property extends to the decedent's digital assets, subject to the account's terms and to the content-consent rule above.

In North Carolina estate administration, the fiduciary who invokes Chapter 36F is the personal representative appointed by the Clerk of Superior Court, and the document that proves the appointment is the Letters the clerk issues. Providers rely on those Letters, so the Chapter 36F procedure runs off the same appointment that opens the North Carolina estate. This guide pairs with the North Carolina estate planning basics guide, which covers the core documents every adult needs.

What Counts as a Digital Asset

Chapter 36F (G.S. 36F-2) defines a digital asset broadly as 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

One line matters for estate work: the digital asset is the electronic record itself, not the money behind it. The dollars in an online bank account still pass through North Carolina's ordinary financial and probate rules administered by the Clerk of Superior Court. Chapter 36F governs the login and the records, not the underlying account balance.

The Three-Tier Priority, Applied

The codified order in G.S. 36F-4 and 36F-5 works out to three tiers a North Carolina family walks down in sequence.

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 a will under G.S. 36F-4. Google Inactive Account Manager routes specific data (or deletes the account) after a set period of inactivity, Facebook Legacy Contact names someone to manage a memorialized profile, and Apple Digital Legacy names a contact who can request iCloud content after death. If you used Inactive Account Manager to send your Gmail data to your daughter, your executor cannot reroute it to your son.
Your will, trust, or power of attorney. If no online tool applies, directions in a will, a trust, or a power of attorney that address digital assets control. A clause granting your executor authority over your digital accounts gives your fiduciary a solid basis to ask providers for access.
The provider's terms of service. With no online tool and no direction in your documents, the terms of service decide under G.S. 36F-5. This is the weakest position: many platforms allow an executor little beyond memorialization or deletion.

Catalogue Versus Content of Communications

The content-versus-catalogue split in G.S. 36F-7 and 36F-8 surprises many families. It divides electronic communications, such as email and private messages, into two layers:

The catalogue is the record of who a message was to or from, and the date and time. G.S. 36F-8 lets a fiduciary reach it on the ordinary showing.
The content is the actual text of the message. G.S. 36F-7 discloses it only where the deceased user consented, through an online tool or in the will, trust, or power of attorney.

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 not enough for email content in North Carolina, 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 what unlocks Tier 2 for email and messages.

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 Clerk of Superior 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 Personal Representative Requests Access Under Chapter 36F

When you are the personal representative of a North Carolina estate, the Chapter 36F procedure (G.S. 36F-6) gives you a workable path off the appointment the Clerk of Superior Court already issued:

Check for an online tool designation first. Look at each provider's legacy, memorialization, or inactive account pages, since a G.S. 36F-4 designation controls above the will.
Review the will and any trust. Confirm what digital asset authority the documents grant, and whether they consent to the content of communications under G.S. 36F-7.
Gather your documentation. Providers generally require a certified copy of your Letters (the Clerk of Superior Court order proving your appointment), a certified death certificate, and a written request. For the content of communications, expect to show the user's consent or a court order.
Submit the request through the provider's official channel and keep records. Under G.S. 36F-6 the custodian may, at its sole discretion, grant full access, grant partial access sufficient for your tasks, or provide a copy of the asset. G.S. 36F-16 then gives the custodian 60 days from receiving your documentation to comply, and protects it from liability for complying in good faith. Providers differ in practice: Google's process is functional, Meta is slower, and some small platforms have no process at all.

If a provider refuses a request that complies with Chapter 36F, a probate attorney can help you enforce your rights, and for the content of communications you may need a court order.

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.

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 Chapter 36F process and the provider's official channels rather than self-help logins. When in doubt, a North Carolina estate attorney can tell you where the line sits.

Frequently Asked Questions

Does my North Carolina executor automatically get into my online accounts?

No. 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 control, and many restrict what a fiduciary may see.

Can a provider refuse my fiduciary's request?

A provider can require proper documentation, such as your Letters from the Clerk of Superior Court, a death certificate, and a written request, and can insist on a court order for the content of communications. It cannot lawfully refuse a valid request that complies with Chapter 36F, and G.S. 36F-16 gives the custodian 60 days to comply once it has the required documentation.

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 Clerk of Superior Court. Keep passwords in a password manager or a sealed letter of instruction and reference that separate document in your will.

Sources:

Title: North Carolina General Statutes, Chapter 36F, Revised Uniform Fiduciary Access to Digital Assets Act. Publisher: North Carolina General Assembly. Publication Date: Current official code, accessed 2026-07-01. URL: https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter36F
Title: Revised Uniform Fiduciary Access to Digital Assets Act (2015). Publisher: Uniform Law Commission. Publication Date: 2015, accessed 2026-07-01. 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 Chapter 36F in North Carolina. Digital asset planning involves legal and technical choices specific to your situation, so consult a North Carolina estate planning attorney for advice on your accounts. It is not legal advice.