Ohio Digital Assets: Managing Online Accounts

Cryptocurrency wallets, online banking, social media profiles, and cloud-stored family photos are property, and in Ohio the rules for who may reach them after death or incapacity are written into statute. Ohio codified those rules as Ohio Revised Code Chapter 2137, the "Uniform Fiduciary Access to Digital Assets Act," ORC 2137.01 through 2137.18, effective April 6, 2017. It is Ohio's enactment of the model act commonly called RUFADAA. This guide leads with what Chapter 2137 actually says and how it runs through the Ohio Probate Court, then covers how to plan for every type of digital property. It is general information, not legal advice.

Ohio Revised Code Chapter 2137

Chapter 2137 is the statute your Ohio executor, trustee, agent, or guardian will point to, and it has specifics that a generic digital-assets summary leaves out.

The definitions that decide access. ORC 2137.01 defines the terms the whole chapter turns on. A "digital asset" is an electronic record in which an individual has a right or interest. A "custodian" is a person that carries, maintains, processes, receives, or stores a digital asset of a user, meaning the platform or service provider. Chapter 2137 then splits every account into two very different things: the "content of an electronic communication" (the substance of a private message that is not publicly available) and the "catalogue of electronic communications" (the record of who a user communicated with, and the time and date, but not the words). This content-versus-catalogue line is the single most important idea in the statute, because Ohio protects the two differently.

Ohio's codified three-tier priority. ORC 2137.03 makes user direction the top of the order in Ohio. If the account holder used a platform's online tool to say what happens to the account, that direction controls and overrides contrary language in a will, trust, power of attorney, or the platform's terms of service. If no online tool was used, a direction in the will, trust, or power of attorney controls next. Only if the user left no direction at all do the terms of service govern. Ohio writing this priority into Chapter 2137 is what lets you override a restrictive terms-of-service default by planning ahead.

The disclosure procedure runs through the Ohio Probate Court. This is where Chapter 2137 is distinctly Ohio. ORC 2137.05 sets the mechanics: a custodian may grant full access, grant partial access sufficient for the fiduciary to do the job, or hand over a copy in a record of the assets. The custodian may charge a reasonable administrative fee, is never required to disclose an asset the user deleted, and does not have to segregate assets if doing so is an undue burden, in which case either side may ask a court to decide. Which court is the point: Ohio has a dedicated Probate Court in each county that issues the letters of appointment and orders your fiduciary will rely on, and the disclosure sections tie directly to that court's paperwork.

What the Ohio executor actually sends, by statute. ORC 2137.07 governs the non-content assets of a deceased user, the catalogue and everything that is not a private message body. To get them, the personal representative sends the custodian a written request, a copy of the death certificate, and proof of Ohio appointment. That proof is spelled out in Ohio terms: the letters of appointment, or the entry appointing a commissioner under ORC 2113.03, or the entry granting summary release from administration. Those last two are Ohio Probate Court instruments, so the statute expects Ohio court documents, not a generic authorization. The custodian may also ask for account identifiers, evidence tying the account to the user, an affidavit that the assets are needed for administration, or a court finding.

Content of private messages is a higher bar. ORC 2137.06 covers the content of a deceased user's electronic communications, the actual words of emails and messages. Ohio releases content only when the user consented, through an online tool or language in the will, trust, or power of attorney that directs disclosure, or when a court orders it, on top of the death certificate and appointment paperwork from ORC 2137.07. Plan for this gap: a will clause that simply names your executor is often not enough to unlock the body of your email.

The 60-day clock and custodian protection. ORC 2137.15 requires a custodian to comply with a proper request not later than 60 days after receiving the required information, and it gives the custodian immunity for acting in good faith under the chapter. A custodian that ignores a complete request can be ordered to comply by the court.

The account types, planning steps, and platform tools below trace to the same uniform framework other states share, so they look similar from state to state. What is specific to Ohio is Chapter 2137 itself: the content-versus-catalogue split it codifies, the ORC 2113.03 commissioner and summary-release entries it names as proof, and the way the whole disclosure procedure runs through Ohio's dedicated Probate Court. An Ohio estate planning attorney drafts your documents to Chapter 2137 so your fiduciary has the direction the statute rewards.

What Are Digital Assets Under Ohio Law?

Under ORC 2137.01, a "digital asset" is an electronic record in which an individual has a right or interest. This broad definition covers virtually anything stored or managed electronically.

Financial Digital Assets

Cryptocurrency:

• Bitcoin, Ethereum, and other digital currencies
• Tokens and non-fungible tokens (NFTs)
• Digital wallets (hot wallets and cold storage)
• Exchange accounts (Coinbase, Kraken, Binance)
• Private keys and seed phrases

Online Financial Accounts:

• Online banking and bill pay
• Payment platforms (PayPal, Venmo, Zelle)
• Investment apps (Robinhood, Fidelity)
• Peer-to-peer lending accounts

Online Business Assets:

• E-commerce stores (Etsy, Shopify, Amazon seller accounts)
• Domain names and websites
• Advertising accounts (Google Ads, Facebook Ads)
• Affiliate marketing accounts
• Software licenses and subscriptions

Personal Digital Assets

Communications:

• Email accounts (Gmail, Yahoo, Outlook)
• Text and messaging history
• Voicemail recordings

Social Media:

• Facebook, Instagram, X (Twitter)
• LinkedIn, TikTok, YouTube
• Reddit, Pinterest, Snapchat

Storage and Media:

• Cloud storage (Google Drive, Dropbox, iCloud)
• Photo and video libraries
• Music libraries (iTunes purchases)
• E-book collections (Kindle)

Other:

• Loyalty and rewards program points
• Gaming accounts and virtual property
• Streaming service subscriptions
• Password manager vaults

Four Types of Digital Assets

Building on the content-versus-catalogue split above, Chapter 2137 sorts digital access into categories the law treats differently:

1. Catalogue of Communications

A catalogue is the list of communications (email addresses, subject lines, dates) without the actual content. Fiduciaries generally can access catalogues with court authorization.

2. Content of Communications

The actual substance of emails, messages, and other private communications. This has the highest privacy protection. A fiduciary needs specific authorization from the account holder or a court order to access content.

3. Other Digital Assets

Non-communication digital assets like files, photos, financial records, and documents. Fiduciaries can generally access these as part of their duties unless the account holder restricted access.

4. Digital Assets with Financial Value

Cryptocurrency, domain names, online businesses, and similar assets with monetary value. Fiduciaries have a duty to identify, protect, and manage these assets just like physical property.

How Fiduciaries Access Digital Assets

Executor or Administrator Access

If you are the executor or administrator of an Ohio estate, Chapter 2137 gives you a path to the deceased person's digital assets that runs through your Probate Court appointment:

1. Check for online tool directions first. Under ORC 2137.03, a direction the deceased left through a platform tool controls over everything else.
2. Review the will and trust. Look for specific digital asset provisions, which control next.
3. Send custodians the ORC 2137.07 package. A written request, a copy of the death certificate, and proof of your Ohio appointment: the letters of appointment, the ORC 2113.03 commissioner entry, or the summary release from administration entry.
4. Escalate to content or the court when needed. The body of private emails and messages falls under ORC 2137.06, which needs the user's consent or a court order. If a custodian ignores a complete request past the 60-day window in ORC 2137.15, the Probate Court can order compliance.

Trustee Access

If you are the successor trustee handling Ohio trust administration, ORC 2137.10 through 2137.12 govern your access, and the trust document sets the scope. The trust should directly address digital assets, including the content of communications. Present the trust document (or a certification of trust), the death certificate, and your identification to custodians.

Power of Attorney Agent Access

If you hold a power of attorney for a living Ohio principal who has become incapacitated, ORC 2137.08 and 2137.09 let you manage digital assets, but the two sections split content from everything else. The power of attorney should grant specific authority over digital assets, and to reach the content of the principal's private communications the document must say so expressly.

What Custodians Can Do and Require

Under ORC 2137.05, a custodian (the platform or service provider) may choose how to comply: grant full access to the account, grant partial access sufficient for the fiduciary to do the job, or provide a copy in a record of the digital assets. The custodian may charge a reasonable administrative fee, need not disclose an asset the user deleted, and does not have to segregate assets if that is an undue burden (either side can then ask a court to sort it out).

Beyond the core death certificate and proof of appointment, a custodian handling a deceased user's request under ORC 2137.07 may also ask for:

• A number, username, or other identifier the custodian assigned to the account
• Evidence linking the account to the deceased user
• An affidavit that the assets are needed for estate administration
• A finding by a court on any of the above

Under ORC 2137.15, the custodian must comply within 60 days of receiving a complete request, and it is protected from liability for acting in good faith under the chapter.

User Direction: Online Tools vs. Estate Plan Language

Platform-Specific Online Tools

Major platforms offer tools to plan for account access after death:

Google (Inactive Account Manager):

• Set a timeout period (3-18 months of inactivity)
• Choose up to 10 trusted contacts to receive data
• Option to delete your account automatically

Facebook (Legacy Contact):

• Designate someone to manage your memorialized profile
• Choose to have your account deleted instead
• Legacy contact can pin posts, respond to friend requests, update profile photos

Apple (Digital Legacy):

• Name legacy contacts in your Apple ID settings
• Contacts receive an access key
• Can access iCloud data, photos, messages after your death

Instagram:

• Memorialization upon request with proof of death
• Removal upon request by immediate family

Estate Plan Language

Even with online tools, include digital asset provisions in your estate plan. Sample language for a will or trust:

"I authorize my fiduciary to access, manage, and distribute all of my digital assets, including but not limited to email accounts, social media accounts, financial accounts, cryptocurrency, cloud storage, and any other electronic records, to the fullest extent permitted by law."

This language gives your fiduciary the broadest possible authority under RUFADAA.

Planning for Cryptocurrency

Cryptocurrency presents unique challenges because it may be the only asset class that can be permanently lost without proper planning.

Why Crypto Needs Special Planning

• Private keys: If no one knows your private keys or seed phrases, the cryptocurrency is gone forever
• No central authority: Unlike a bank, there is no customer service to reset access
• Volatile value: Prices can change dramatically, requiring timely access
• Multiple platforms: You may hold crypto across several exchanges and wallets

How to Plan

Document Your Holdings:

• List every exchange account, wallet, and holding
• Record wallet addresses and types (hot wallet, cold storage, hardware wallet)
• Note approximate values

Secure Your Access Credentials:

• Store seed phrases and private keys in a secure location (fireproof safe, safe deposit box)
• Do not store them digitally in an unsecured location
• Consider splitting the seed phrase between two secure locations

Include Crypto in Your Estate Plan:

• Name your crypto in your trust or will
• Authorize your fiduciary to manage and sell cryptocurrency
• Provide instructions (or a letter of instruction) on how to access your wallets
• Consider naming a tech-savvy co-fiduciary for crypto management

Exchange Accounts:

• Most exchanges (Coinbase, Kraken) have a deceased account holder process
• Your fiduciary will need the death certificate, Ohio letters of appointment, and identification
• Transfers may take several weeks

Social Media After Death

Memorialization

Most platforms offer memorialization, which preserves the profile while preventing new logins:

• Facebook: Memorialized profiles show "Remembering" before the name. Legacy contact can manage the page.
• Instagram: Memorialized accounts remain visible but cannot be logged into.
• X (Twitter): Accounts can be deactivated upon request from family or estate.
• LinkedIn: Profiles can be memorialized or removed upon request.

Account Deletion

If the deceased wanted their accounts deleted, the fiduciary can request removal:

• Provide proof of death (death certificate)
• Prove your authority (Ohio letters of appointment, court order)
• Follow each platform's specific process

Monetized Accounts

YouTube channels, Instagram accounts, and other platforms with advertising revenue require special attention. These may have ongoing income that the estate should collect. Coordinate with the platform and consider whether to maintain, transfer, or close these accounts.

Email and Cloud Storage

Email Access

Email often holds the keys to everything else: account recovery links, financial statements, legal documents, and personal communications.

Under Chapter 2137, the content of email is the hard case: ORC 2137.06 releases it only with the deceased user's consent or a court order. The catalogue (list of senders, dates, subject lines) comes more easily under ORC 2137.07, but the catalogue alone will not open recovery links or read the messages themselves.

Cloud Storage

Cloud storage services (Google Drive, iCloud, Dropbox) often contain:

• Financial records and tax documents
• Legal documents (contracts, deeds, insurance policies)
• Family photos and videos
• Business files

These are generally treated as non-communication digital assets, making fiduciary access more straightforward than email content.

Practical Steps

1. Identify all email and cloud accounts
2. Check for platform-specific death procedures
3. Submit required documentation
4. Download and secure all important files
5. Maintain accounts until all needed information is retrieved

Including Digital Assets in Will or Trust

Will Provisions

Add a specific digital assets clause to your will:

• Grant broad authority to access all digital assets
• Authorize the fiduciary to manage, sell, or delete accounts
• Direct disclosure of the content of electronic communications so ORC 2137.06 is satisfied
• Reference ORC Chapter 2137 explicitly and include a definition of digital assets so nothing is missed

Trust Provisions

If you have a revocable living trust, include parallel provisions:

• Authorize the trustee to access and manage digital assets
• Address cryptocurrency directly
• Include provisions for both incapacity and death
• Grant authority to hire technical experts

Power of Attorney

Update your financial power of attorney to include:

• Authority to access and manage digital assets during incapacity
• Express authority over the content of your electronic communications, which ORC 2137.08 requires
• Specific reference to ORC Chapter 2137

Steps to Create a Digital Asset Inventory

A digital asset inventory is the single most important step you can take. Here is how to create one:

Step 1: List All Accounts

Go through your devices, email, and browser password manager. Document:

• Account name and platform
• Username and email associated
• Type of account (financial, social, storage, etc.)
• Approximate value (if applicable)

Step 2: Record Access Information

For each account, note:

• Login credentials (or where they are stored)
• Two-factor authentication method
• Recovery email or phone number
• Security questions and answers

Step 3: Store Securely

Keep your inventory in a secure location:

• A password manager with a master password shared with your fiduciary
• A sealed envelope in a safe deposit box or fireproof safe
• A letter of instruction referenced in your will or trust

Step 4: Keep It Updated

Review and update your inventory at least annually. Add new accounts, remove closed ones, and update any changed credentials.

Step 5: Tell Your Fiduciary

Make sure your executor, trustee, or power of attorney agent knows:

• That the inventory exists
• Where to find it
• How to access it (master password, safe combination)

Use our Ohio estate settlement checklist to ensure digital asset access is part of your overall administration plan. Do not include the actual inventory in your will, as wills become public record during probate. Reference a separate document instead.

Frequently Asked Questions

Does my executor automatically have access to my digital accounts?

No. Under ORC Chapter 2137, access depends on your directions. If you used an online tool (ORC 2137.03) or included digital asset provisions in your estate plan, your executor has a legal basis for access. Without either, the platform's terms of service control, and many platforms restrict access.

Can a platform refuse my fiduciary's request?

A custodian can require proper documentation (death certificate, proof of Ohio appointment, written request under ORC 2137.07) and can insist on the deceased's consent or a court order for the content of communications under ORC 2137.06. But under ORC 2137.15 it must respond within 60 days and cannot refuse a valid request that complies with Chapter 2137.

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

It is effectively lost forever. There is no central authority to recover cryptocurrency without the private key or seed phrase. This is why planning for crypto access matters so much.

Should I store passwords in my will?

No. Wills become public record when filed with the probate court. Store passwords in a separate secure location (password manager, sealed envelope in a safe) and reference that location in your will or trust.

Does Chapter 2137 apply to all types of fiduciaries?

Yes. ORC Chapter 2137 covers executors and administrators (ORC 2137.06 and 2137.07), power of attorney agents (2137.08 and 2137.09), trustees (2137.10 through 2137.12), and guardians (2137.13). The scope of access varies by fiduciary type and the account holder's directions.

What about jointly held digital accounts?

If you share an account with someone (like a joint bank account accessed online), the surviving account holder typically retains access. Chapter 2137 primarily addresses accounts held by the deceased individually.

Related Ohio Guides

• Ohio Estate Planning Basics
• Ohio Will Requirements
• Ohio Revocable Living Trust
• Ohio Executor Duties
• Ohio Estate Settlement Checklist

---

Sources

Last Updated: February 2026. This guide provides general information about digital assets in Ohio estate planning. Digital asset planning involves legal and technical decisions specific to your situation. Consult with an Ohio estate planning attorney for personalized advice. It is not legal advice.