Texas Digital Assets: Executor & Trustee Access

When a Texas resident dies, they leave behind more than physical property. Email, social media, online banking, subscriptions, cryptocurrency wallets, and cloud photo libraries are all part of modern life, and a Texas executor has to address them. The rules that govern who may open those accounts are set by Texas statute: Texas Estates Code Chapter 2001, "Fiduciary Access to Digital Assets."

This guide leads with what Chapter 2001 actually says and how it works alongside a Texas probate, then covers the shared cross-platform mechanics. It is general information, not legal advice.

Texas Estates Code Chapter 2001

Texas enacted the Revised Uniform Fiduciary Access to Digital Assets Act as Estates Code Title 2, Subtitle Z, Chapter 2001, effective September 1, 2017. It is Texas's controlling law on the subject, and it is the authority a Texas executor, trustee, or agent points to when asking a company to release a deceased person's accounts.

Because the underlying act is uniform, the general idea (a fiduciary can reach a decedent's digital records under a set priority) looks similar in other states. What is specific to Texas is the codification below: the exact Chapter 2001 sections, the definitions the statute uses, the documents a Texas custodian may demand, and the deadline Texas gives that custodian to act.

The custodian and the catalogue-versus-content line (Sec. 2001.002). The definitions section is where Chapter 2001 does its real work. A custodian is the company that "carries, maintains, processes, receives, or stores a digital asset of a user," so Google, Meta, Apple, and Coinbase are custodians under Texas law. The statute then draws a privacy line that controls everything downstream. The catalogue of electronic communications is the metadata: who a user communicated with, and the date, time, and address of each communication. The content of an electronic communication is the substance, the actual words of an email or message. Texas treats these very differently, and an executor gets the catalogue far more easily than the content.

User direction and the online-tool priority (Sec. 2001.051). Chapter 2001 codifies a three-step priority for whose instruction controls. First, if the platform offers an online tool to direct disclosure (and the user used it), that direction governs and overrides a contrary will. Second, if there is no online tool, the user's direction in a will, trust, power of attorney, or other record controls. Third, absent either, the platform's terms-of-service agreement applies. This is the ranking Texas law puts in front of every custodian, so a decedent's Google Inactive Account Manager or Apple Legacy Contact setting outranks what the will says.

Access after death (Sec. 2001.101 and Sec. 2001.102). Chapter 2001 splits a Texas executor's access into two tracks. Under Sec. 2001.101, disclosure of the content of a deceased user's electronic communications requires that the user consented, either through an online tool or in a will, trust, or other record, plus the documentation below. Under Sec. 2001.102, disclosure of the catalogue and other digital assets (not the substance of messages) is available to the personal representative on a lesser showing. In plain terms: proving you are the Texas executor usually gets you the account inventory and non-message assets; reading the emails themselves needs the decedent's affirmative consent.

What a Texas custodian may require (Sec. 2001.101). For content of a deceased user, a custodian may require the personal representative to provide a written request, a certified copy of the death certificate, a certified copy of the Letters Testamentary or Letters of Administration (or another court order) from the Texas probate court, and, unless the user used an online tool, a copy of the will, trust, power of attorney, or other record showing the user's consent. This is the point where digital-asset access ties directly into your Texas probate: you cannot get Letters Testamentary until the probate court has admitted the will and appointed you.

The 60-day custodian deadline (Sec. 2001.231). Once you have delivered what the statute requires, Chapter 2001 does not leave the timing open-ended. Under Sec. 2001.231, a custodian must comply with the request no later than the 60th day after receiving the required information. The same section lets a custodian require the fiduciary to obtain a court order confirming the account belongs to the decedent and that the disclosure would not violate federal law, and it grants custodians that comply in good faith immunity from liability.

Chapter 2001 also reaches beyond executors. It applies to a trustee administering a Texas trust, an agent acting under a durable power of attorney during the principal's life, and a court-appointed guardian, each with its own subchapter but the same catalogue-versus-content structure. A Texas estate planning attorney drafts the will, trust, or power of attorney so the consent language in Sec. 2001.101 is actually there when a custodian asks for it.

What Counts as a Digital Asset in Texas?

Under Sec. 2001.002, a digital asset is an electronic record in which an individual has a right or interest. In a Texas estate that 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.

How the Online-Tool Priority Plays Out

The Sec. 2001.051 priority above is not abstract; it turns on features you can set today. The platform-native tools that count as an "online tool" under Chapter 2001 include:

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

Because these outrank a will under Sec. 2001.051, they are decisive. If you set up a Google Inactive Account Manager naming your daughter, your Texas executor cannot override it and route the data to your son instead. When no online tool was used, a will, trust, or power of attorney that expressly addresses digital assets is the next-strongest direction, and a generic executor grant may be read broadly depending on how it is drafted. With neither, the platform's terms of service govern, and most terms neither grant executor access nor permit account sharing, which leaves you relying on the Sec. 2001.101 and 2001.102 process and the 60-day custodian deadline.

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 a Texas Executor Requests Access Under Chapter 2001

When acting after death, a Texas personal representative follows these steps:

Check for an online tool first (Sec. 2001.051): a legacy/inactive-account designation the decedent set up controls over the will, so confirm it before you ask, because it may name someone other than you
Get your Letters from the Texas probate court: you cannot satisfy the custodian until the county probate court has admitted the will and issued Letters Testamentary (or Letters of Administration if there is no will); a certified copy is what proves your authority
Assemble the Sec. 2001.101 package for content: a written request, a certified copy of the death certificate, a certified copy of your Letters or another court order, and, unless the decedent used an online tool, a copy of the will, trust, or other record showing consent to disclose message content
Ask for the catalogue and other assets separately (Sec. 2001.102): the account inventory and non-message digital assets are available on a lesser showing, so request them even when message content is not authorized
Hold the custodian to the 60-day deadline (Sec. 2001.231): the company must comply no later than the 60th day after it receives what the statute requires; it may also require a court order confirming account ownership before it releases the account
If it stalls, consult a probate attorney: the custodian's Sec. 2001.231 duty and immunity are enforceable, and a court order under that section resolves most disputes

Platforms vary widely in cooperation. Google has a clear process, Meta (Facebook and Instagram) is slower, and some smaller custodians have no process at all. Document every request and response so the 60-day clock is provable.

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. Texas imposes no state income tax and no state estate tax, so this valuation matters for the federal return and the beneficiary's basis rather than any Texas tax. Crypto held in a marital estate is also community property in Texas unless it is separate property, which affects how much of the holding passes through the decedent's estate.

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 assured 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.

Can my executor read the deceased's emails?

Only if the decedent consented. Under Sec. 2001.101, the content of electronic communications is released to a Texas personal representative only when the user authorized it through an online tool or in a will, trust, or other record, along with the death certificate and Letters. The catalogue (who was contacted, and when) plus other non-message digital assets are available on the lighter Sec. 2001.102 showing. So an executor can often see that emails exist without being able to read them.

Does Chapter 2001 apply to trusts and powers of attorney?

Yes. Chapter 2001 applies to a trustee administering a Texas trust, an agent under a durable power of attorney, and a court-appointed guardian, not just an executor. Each has its own subchapter, but the same catalogue-versus-content structure and the same 60-day custodian deadline apply.

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.

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. It is not legal advice.