When a loved one passes away, their estate will likely need to enter probate, which will allow their assets to be identified, valued and distributed per state law. In Texas, this process increasingly involves management of digital assets, which can be just as valuable and legally complicated as traditional property. For personal representatives, administrators and family members of those recently lost, understanding how digital assets fit into probate is now necessary for all but the most basic estates.
Digital assets include a wide range of property stored or accessed electronically. Examples include financial accounts, email, photos, social media profiles, websites and cloud-stored documents. Some digital assets, like online bank accounts and digital currency, may hold significant financial value. Others, such as personal photos or digital journals, may carry deep sentimental worth. Regardless of type, failing to effectively address digital assets during probate can leave parts of an estate inaccessible or even lost entirely.
Taking action, the Texas way
Texas has addressed this challenge through laws such as the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This law gives executors and administrators legal authority to access certain digital assets, provided the decedent has granted permission. However, access can be limited depending on how accounts were set up. For example, some platforms allow users to set legacy contacts or specify whether digital property can be shared after death. If no clear instructions exist, service providers may restrict access due to federal privacy laws.
For representatives handling probate, the first step is to identify the deceased’s digital assets. This often involves reviewing records, emails and financial statements that reference online accounts. Once identified, the administrator should confirm whether login information exists or if provider-specific tools, such as Google’s Inactive Account Manager or Facebook’s legacy contact settings, were used. Without these preparations, gaining access may require formal requests backed by probate court authority.
Loved ones should also consider how to balance privacy with estate administration. Digital accounts often contain personal communications or sensitive information. Texas law emphasizes respecting the decedent’s wishes, so administrators must carefully follow instructions in wills, trusts or digital authorization documents.
Digital assets are now part of modern life and must be treated as an integral part of the probate process. Whether financial and/or sentimental, they deserve the same careful handling as any other part of an estate.