Wills

What is a digital will executor?

A digital executor is someone named in a will to manage a person’s digital property after death. Learn what a digital executor does and how laws differ by state.

A digital will executor — or simply “digital executor” — is the person you name in your will to manage your digital property after you pass. They’re like an executor of a will, who distributes your physical property and money, but focused on your digital media and accounts. For example, this could include digital documents, photos, social media accounts, and more. Your digital executor will find, manage, and distribute this digital property to your heirs, depending on what you request when you make a will.

In many states, your will executor doesn’t automatically gain access to your digital assets after you die. That’s why it’s important to name a digital executor and provide them with the logins to your digital accounts. Most of the time, people choose the same person to manage their digital property as the executor of their will. But if you want to name someone else to do this job, you can.

What types of property can a digital executor distribute?

Generally anything that exists on a digital device can be passed down through a will and managed by a digital executor. Examples include:

  • Digital photos and movies
  • Music files
  • Bitcoin and other cryptocurrencies
  • Digital documents, like Word and Excel files
  • Email accounts
  • Any data stored online
  • Funds or credits in an online account, such as frequent flier miles and points. This can include bank accounts that have an online banking component, though bank accounts are not generally considered digital assets.
  • Digital assets that generate income, like blogs and websites

Your digital executor manages your digital files, but not the physical devices that contain them (such as your laptop or hard drive). If your will executor and digital executor are different people, it’s common to specify in your will that they must work together to best fulfill your wishes.

How is a digital executor different from a will executor?

Your digital executor manages only your digital assets according to your will.

The duties of your will executor are more substantial. Your executor will manage the upkeep and distribution of your entire estate. This includes starting the probate process (which is the distribution of your estate according to your will) and distributing gifts to your heirs. Large or complex estates can take years for probate to conclude.

As mentioned, your digital executor and will executor can be the same person. Many people prefer this option, so a single executor has complete responsibility over their estate. This can make certain actions easier, like paying bills online or closing social media accounts.

What other duties does a digital executor have beyond distribution?

In your will, you define what power and responsibilities you want your digital executor to have. This could include:

  • Archiving files, such as photos, videos, and documents
  • Closing accounts, such as subscription services and social media
  • Deleting files and erasing hard drives
  • Using online accounts to continue services or pay bills
  • Informing online friends of your passing

Can I limit my digital executor’s access?

Yes. You can specify in your will which assets and accounts your digital executor can access. You don’t have to provide unrestricted access to all your digital properties if you don’t want to.

How do I nominate a digital executor in my will?

You can generally name a digital executor directly in your last will and testament. If you have many digital assets or if your digital estate is complex, you may prefer to work with an attorney. And because digital executors are a fairly new concept in estate planning law, you may want to confirm with an attorney that they’re recognized in your state.  

We recommend making a list of all your digital assets, including online passwords, to make this easier for your digital executor. Store the list in a secure place and tell your digital executor how to access it.

When you make a will using FreeWill, it’s easy to nominate a digital executor and leave them instructions.  After answering a few questions, we generate a will for you with legal language customized to your wishes. Once printed, witnessed, and signed, these free will forms are legally valid. FreeWill also helps you list and describe your digital assets, which makes it simpler for your digital executor to follow your instructions.

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