Most people today have an online life that’s just as important as their physical one. From bank accounts and investment portals to email, social media, and photo storage, much of our personal and financial world exists in digital form. But what happens to those accounts when you pass away—or if you become incapacitated?
That’s where the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) comes in. Florida, along with most other states, has adopted this law to give families and fiduciaries (like personal representatives, trustees, or agents under a power of attorney) legal authority to manage digital assets in certain situations.
What Is RUFADAA?
The Revised Uniform Fiduciary Access to Digital Assets Act is a law designed to bridge the gap between traditional estate planning and the modern digital world. It gives legally appointed fiduciaries—such as executors, trustees, guardians, or agents under a power of attorney—the authority to access and manage your digital assets if you’ve given them permission.
“Digital assets” can include:
- Email accounts
- Social media accounts (Facebook, Instagram, LinkedIn, etc.)
- Online banking and investment accounts
- Cloud storage (Google Drive, Dropbox, iCloud)
- Digital photos, music, and videos
- Cryptocurrency and online payment services (PayPal, Venmo, etc.)
Without this law, fiduciaries often hit a brick wall. Service providers (like Google or Facebook) are bound by strict privacy laws and terms of service, which usually prevent anyone else—even a family member or executor—from accessing your accounts after death.
How Does RUFADAA Work in Florida?
RUFADAA establishes a clear order of priority for how fiduciaries can access your accounts:
- Online Tools Provided by the Company
Some companies let you decide in advance what happens to your account. For example:- Facebook’s “Legacy Contact” lets you name someone to manage your account after death.
- Google’s “Inactive Account Manager” lets you share data or delete accounts after inactivity.
If you use one of these tools, your choice controls—even over your will or trust.
- Your Estate Planning Documents
If you haven’t used an online tool, your fiduciary can gain access if you’ve authorized it in your will, trust, or power of attorney. This is why modern estate plans often include specific digital asset provisions.
- Default Access Under RUFADAA
If neither of the above applies, RUFADAA gives fiduciaries limited access—often only to a “catalogue” of communications (like an email log) rather than the full content, unless you’ve given explicit permission.
Why Is RUFADAA Important for Estate Planning?
Digital assets are easy to overlook, but without a plan:
- Your family may lose access to precious photos, important emails, or financial accounts.
- Online businesses or cryptocurrency could be lost forever.
- Your loved ones may spend months fighting with tech companies for access.
By addressing digital assets in your estate plan, you make life much easier for your fiduciaries and preserve both financial and sentimental value.
What Should You Do Now?
- Take Inventory
Make a list of your important digital accounts, including login instructions stored securely.
- Use Online Tools Where Available
If Facebook, Google, or another platform gives you an option to name a contact, use it.
- Update Your Estate Plan
Work with an estate planning attorney to add clear digital asset provisions to your will, trust, and power of attorney. Florida estate plans can specifically authorize fiduciaries to manage digital accounts under RUFADAA.
- Communicate With Your Fiduciaries
Let your executor, trustee, or agent know how to access your accounts when the time comes.
Final Thoughts
The Revised Uniform Fiduciary Access to Digital Assets Act brings estate planning into the digital age. In Florida, this law ensures that your fiduciaries can access, manage, and preserve your online accounts—if you give them authority to do so. By including digital assets in your estate plan, you protect not only your financial future but also your personal legacy in an increasingly online world.
Ready to make a plan for your digital assets? Reach out to us today.
