Texas Digital Assets: How Executors and Trustees Access Accounts After Death

When someone dies today, they leave behind more than physical property. Email accounts, social media profiles, online banking, subscription services, cryptocurrency wallets, and digital photo collections are all part of modern life — and they all need to be addressed after death. Texas has a legal framework for how fiduciaries (executors, trustees, and agents under power of attorney) can access a deceased person's digital assets.

Texas adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), codified at Texas Estates Code Chapter 2001. This law balances two things: the fiduciary's need to access accounts to administer the estate, and the deceased person's reasonable expectation of privacy.

What Counts as a Digital Asset?

Texas Estates Code § 2001.002 defines a digital asset broadly as an electronic record in which an individual has a right or interest. This includes:

Email accounts (Gmail, Outlook, Yahoo Mail)
Social media accounts (Facebook, Instagram, X/Twitter, LinkedIn)
Online financial accounts (PayPal, Venmo, online banking)
Cloud storage (iCloud, Google Drive, Dropbox) and digital files stored there
Cryptocurrency and digital tokens (Bitcoin, Ethereum, NFTs)
Domain names and websites
Online gaming accounts with real-money value
Subscription services with credits or stored value
Reward points and loyalty program balances (airline miles, credit card points)
Digital media libraries (ebooks, music, movies purchased through platforms)

What Is NOT a Digital Asset

The underlying account or money in a financial account is not a "digital asset" under RUFADAA — that is already covered by regular financial account laws. The digital asset is the electronic record itself, not the dollars in it. Similarly, a physical document stored as a scan is a digital asset; the legal document itself is not.

Why This Matters for Estate Administration

Without legal access, an executor or trustee can be locked out of important accounts. Problems that arise without proper planning:

Email: Critical financial notices, account statements, and documents may be in the deceased's inbox. Without access, the executor cannot locate all estate assets.
Online financial accounts: PayPal, Venmo, and similar accounts may hold cash. Subscription services may be charging the estate unnecessarily.
Cryptocurrency: Without the private keys or seed phrase, crypto assets may be permanently inaccessible — and permanently lost.
Social media: Families often want to memorialize profiles or retrieve photos that exist only on those platforms.

The Four-Tier Priority System

Texas RUFADAA creates a hierarchy for determining what access a fiduciary has:

Tier 1: The User's Online Tool (Highest Priority)

The most respected direction comes from an online tool — a feature the platform itself provides during the user's lifetime to designate what happens to their account. Examples include:

Facebook's Legacy Contact — designates someone to manage your memorialized profile
Google's Inactive Account Manager — designates recipients who can access your Google data or delete your account
Apple's Digital Legacy — designates a legacy contact who can request access after your death

These platform-native tools take priority over everything else, including what your will says. If you set up a Google Inactive Account Manager designating your daughter to receive your data, your executor cannot override that and give the data to your son instead.

Tier 2: Directions in a Legal Document

If no online tool exists or was used, RUFADAA looks to legal documents that specifically address digital assets:

A will that expressly authorizes access to specific accounts
A trust that addresses digital assets
A power of attorney (for fiduciaries acting during life, not at death)

A will that says "I give my executor authority to access all my digital accounts" is valid direction under Tier 2. A generic executor grant without specific reference to digital assets may also be interpreted broadly, depending on how it is drafted.

Tier 3: The Platform's Terms of Service

If there is no online tool designation and no legal document addressing digital assets, the platform's own Terms of Service govern. Most major platforms' terms prohibit account sharing and do not automatically grant access to executors.

Under this tier, many platforms simply will not provide access, or will only allow limited actions (like providing account data to a verified next-of-kin in certain formats). This is the weakest form of access.

Tier 4: The Default Statutory Rule

If none of the above applies, Texas law defaults to permitting a fiduciary to access catalogue of communications (metadata about messages — who, when, subject lines) but not the content of communications (the actual email or message text) unless the deceased user specifically authorized it.

For most practical purposes, if a user did not take proactive steps to authorize access, their executor can see that emails were sent but not what those emails said.

How to Set Up Digital Asset Access (Planning Ahead)

If you are doing estate planning, taking a few steps now makes a significant difference for whoever administers your estate:

1. Use Platform Legacy Tools

Set up these tools today — they take minutes:

Google: My Account → Data & Privacy → More options → Make a plan for your account
Facebook: Settings → General → Memorialization Settings
Apple: Settings → [Your Name] → Password & Security → Legacy Contact

2. Update Your Will or Trust

Include explicit language authorizing your executor or trustee to access your digital accounts. Something like: "I authorize my executor to access, manage, and close all of my digital accounts, including email, social media, financial accounts, and any other electronic records."

3. Create a Digital Asset Inventory

Make a list of your important accounts and where to find login credentials. Do not put passwords directly in your will (wills become public record at probate). Instead:

Store credentials in a password manager and give your executor the master password
Keep a sealed envelope with your estate documents listing accounts and access methods
Use a document like a "letter of instruction" (not part of the will itself) to list accounts

4. Address Cryptocurrency Specifically

Cryptocurrency requires special attention (see below). If your executor does not have access to your private keys, the crypto is gone.

How Executors Request Access Under RUFADAA

When acting after death, an executor follows these steps:

Check if an online tool designation exists — check the platform's help pages for legacy/memory/inactive account features
Provide documentation — most platforms require a copy of your Letters Testamentary (the court document proving you are the executor) and the death certificate
Submit a formal request — use the platform's official process for executor or next-of-kin requests
If denied, you may have legal rights — if the platform refuses and you have proper authority, consult a probate attorney about enforcement

Platforms vary widely in how cooperative they are. Google has a clear, functional process. Instagram/Facebook is slower. Some smaller platforms have no process at all. Document every request and response.

Cryptocurrency: Special Considerations

Cryptocurrency operates differently from every other digital asset. It is not held by a company that can grant or deny access — it exists on a distributed blockchain, and access depends entirely on controlling the private key (a cryptographic credential) or seed phrase (a series of words that generates the private key).

If There Are No Private Keys

If the deceased held crypto on an exchange (like Coinbase or Kraken), the exchange holds the private keys. You can potentially access the account through the exchange's estate process — similar to a financial institution. Contact the exchange's customer support for their estate claims process.

If the deceased held crypto in a self-custody wallet (hardware wallet like a Ledger or Trezor, or a software wallet), no private keys means no access. The crypto is permanently inaccessible and lost. There is no company to call. No court order can recover it.

What to Look For

When administering an estate with potential crypto holdings, search for:

A hardware wallet device (small USB-like device)
Written or printed seed phrases (12 or 24 words) — often stored in a safe or lockbox
Files with names like "wallet," "seed," or "recovery"
Spreadsheets or notes with crypto account information
Software wallets on the deceased's computer or phone

Inventory Crypto Carefully

Crypto values fluctuate dramatically. Once you have secured access, do not delay documenting the holdings for estate inventory purposes. The fair market value at date of death establishes both the estate value and the basis for the beneficiary.

Platform-Specific Guidance

Facebook / Instagram

Facebook allows a Legacy Contact to manage your memorialized profile (post a final message, respond to friend requests, update the profile photo) but not to access private messages. The Legacy Contact can also request account removal.

For executor access to content, Facebook has a Special Request process for deceased users' accounts. The process is often slow and the content access may be limited.

Google

Google's Inactive Account Manager is the most functional legacy tool available. You can designate trusted people to download specific types of data from your Google account (Gmail, Drive, Photos, etc.) after a period of inactivity. You can also authorize automatic account deletion.

For executors without an advance designation, Google has a process for authorized representatives to request data or close the account. Access to email content is not guaranteed without prior user authorization.

Apple

Apple's Digital Legacy program (introduced 2021) allows a designated contact to access the content of the deceased's iCloud account (Photos, Messages, Notes, Files, Backups) after the owner's death. They receive an access key and can request data through Apple's legacy contact portal.

Without a legacy contact designation, access to iCloud content is generally not available.

Frequently Asked Questions

Can an executor use the deceased's password to access their accounts?

Legally, this is in a gray area. Federal computer access laws (the Computer Fraud and Abuse Act) technically prohibit unauthorized computer access, and many platforms' Terms of Service prohibit password sharing. Using stored passwords without authorization could violate these laws. The safer path is to use the proper platform processes and legal authority under RUFADAA.

What happens to a deceased person's social media accounts?

Without any instruction, most platforms eventually memorialize or delete inactive accounts under their own policies. Taking action through proper channels (legacy contact, executor request) is faster and more reliable.

Does RUFADAA apply to trusts?

Yes. Texas RUFADAA applies to trustees, agents under power of attorney, and court-appointed guardians as well as executors. A trustee who needs to access digital assets can use the same process.

What about subscription services and ongoing charges?

As executor, you should identify all active subscriptions (Netflix, Spotify, Amazon, etc.) and cancel them. Account statements, email inbox, and bank/credit card records are the best ways to find them. Canceling promptly stops ongoing charges to the estate.

Related Guides

Sources:

"Texas Estates Code Chapter 2001, Fiduciary Access to Digital Assets," Texas Legislature, 2025, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.2001.htm
"Revised Uniform Fiduciary Access to Digital Assets Act," Uniform Law Commission, 2025, https://www.uniformlaws.org/committees/community-home?CommunityKey=f7237fc4-74c2-4728-81c6-b39a91ecdf22
"Google Inactive Account Manager," Google, 2025, https://myaccount.google.com/data-and-privacy
"Facebook Legacy Contact," Meta, 2025, https://www.facebook.com/help/1568013990080948

This guide provides general information about Texas digital assets and RUFADAA. Consult with a Texas estate planning attorney for guidance on digital asset planning specific to your situation.