How to Add Digital Assets to Your Will

Most wills written before 2015 make no mention of digital assets — because the concept barely existed. But today your digital estate may include cryptocurrency worth thousands, income-generating websites, creative works with ongoing royalties, and decades of irreplaceable photos that exist nowhere else.

Adding digital assets to your will requires more than listing them. You need to understand what's legally transferable, what needs specific documentation, and why your executor needs special authority that traditional wills often don't provide.

What Is a Digital Will?

A "digital will" isn't a separate legal document from a regular will in most US states — there's currently no widely-adopted framework for a will that exists purely in electronic form with no physical signing. What people usually mean by the term is a traditional will that has been updated to explicitly address digital assets: cryptocurrency, online accounts, digital businesses, and the legal authority an executor needs to manage them. That's the practical meaning this guide uses throughout.

How Much Does a Will Cost?

Costs vary widely depending on the route you take. A basic will through an online service like LegalZoom or Trust & Will typically runs well under $200, and some simple wills can even be created free through certain state bar or nonprofit programs, though these rarely address digital assets in any depth. A will drafted by an estate planning attorney generally costs more — often several hundred to a few thousand dollars — but comes with tailored language for your specific situation, which matters more once cryptocurrency, a digital business, or other complex digital assets are involved.

For most people with meaningful digital assets, the more relevant cost question isn't "cheapest will" but "will that actually covers what I own." A budget will with no digital asset clause at all can end up costing your executor far more in time and legal fees during probate than the money saved upfront. See our Trust & Will vs LegalZoom comparison if you're weighing the online-service route.

What Is RUFADAA?

The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) has been adopted by most US states. It gives executors, trustees, and agents legal authority to manage certain digital assets — but only if the deceased person explicitly granted that permission, and only to the extent platforms allow it under their terms of service.

What to Include in Your Digital Asset Clause

• Explicit authority for your executor to access, manage, and distribute digital assets
• Specific authority for cryptocurrency and private key access
• Authority to close, memorialize, or transfer social media and email accounts
• Direction to a separate, secure "Digital Asset Memorandum" with specific account details
• Authority to deal with intellectual property, domain names, and websites

The Digital Asset Memorandum

Your will should reference a separate private document — a Digital Asset Memorandum (or Letter of Instruction). This is where you list specific accounts, access methods, and wishes. Unlike a will, it does not become public record after probate. You can update it annually without needing to modify your will.

Critical: Never put passwords or seed phrases directly in your will. Wills become public documents after probate — anyone can read them. Reference a separate secure document instead.

Naming a Digital Executor

Consider naming a separate "digital executor" — someone technically capable of managing your online accounts — in addition to your traditional executor. This can be the same person or someone different. Document this choice explicitly in your will or in a codicil.

What About Cryptocurrency Specifically?

For cryptocurrency, your will grants legal authority — but the practical transfer happens through your seed phrase documentation, not the will itself. The will tells your executor they have legal authority to act; your separate secure documentation tells them how to actually access the assets. Both are necessary. Neither alone is sufficient.

Check Your State's RUFADAA Status

Visit our State Laws page to see whether your state has adopted RUFADAA and any state-specific requirements that apply to your digital estate.