When someone dies, their family typically faces the challenging task of gathering important documents, accessing bank accounts, and settling affairs.
But what happens when you need to access important email correspondence, retrieve family photos stored in the cloud, or manage their online business accounts — and discover you're completely locked out?
We live increasingly digital lives, yet most people haven't considered what happens to their online accounts, digital photos, cryptocurrency, or other digital assets when they're gone.
That's where RUFADAA comes in — a law designed to help families navigate this landscape. And it’s also where Trustworthy plays a crucial role in helping families get organized and prepared.
This guide breaks down what RUFADAA is, how it works, and what your family can do to ensure your digital life is protected — and accessible to the right people when it matters most.
Understanding RUFADAA and Digital Access
Q: What is RUFADAA, and why was it created?
A: RUFADAA stands for the Revised Uniform Fiduciary Access to Digital Assets Act. Don't let the formal name intimidate you — it's essentially a law that helps your family access your digital accounts and assets when you die or become incapacitated, just like they would access your physical belongings and traditional bank accounts.
RUFADAA was drafted in 2015 by the Uniform Law Commission, a nonprofit organization that recommends model legislation for states to adopt — and most have. RUFADAA creates a legal framework that balances two important needs: protecting your privacy while you're alive and ensuring your loved ones can access what they need to settle your affairs when necessary.
Q: What types of digital assets does RUFADAA apply to?
A: Digital assets include a wide range of accounts and records stored online, such as:
Communication accounts: email, text messages, social media direct messages.
Financial accounts: online banking, PayPal, digital wallets, investment accounts, cryptocurrency exchanges, reward points.
Storage accounts: Google Drive, iCloud, Dropbox, and other cloud storage.
Business accounts: e-commerce accounts, domain registrations for online businesses.
Entertainment and Media: photos, videos, music libraries, streaming service subscriptions.
Social media: Facebook, Instagram, Twitter, LinkedIn profiles and content.
Medical: portal access and insurance logins.
It's worth noting that RUFADAA treats communications (like emails and text messages) differently from other digital assets, often requiring more explicit permission for access due to privacy concerns.
RUFADAA does not cover physical devices like phones or laptops. It applies only to data stored online by third-party service providers.
Q: Who can request access to someone’s digital assets under RUFADAA?
A: RUFADAA grants access to four types of fiduciaries:
Executors or personal representatives named in a will.
Agents under a power of attorney.
Court-appointed guardians or conservators.
Trustees of a trust.
However, these individuals can’t automatically access everything. They need clear legal authority — and in some cases, specific instructions — to obtain the information they need.
How the Law Works in Practice
Q: How does RUFADAA determine who gets access to digital assets?
A: RUFADAA uses a three-tier priority system to determine access:
Online tools come first. If a platform offers a tool to name a legacy contact or account manager (such as Trustworthy's Legacy Access, Google’s Inactive Account Manager or Facebook’s Legacy Contact), that designation overrides all other instructions.
Legal documents come next. If no tool is used, RUFADAA looks to your legal documents — such as your will, trust, or power of attorney — to determine access. These must contain explicit language granting access to digital assets.
Terms of service apply last. If neither of the first two are in place, the provider’s terms of service will govern — and many default to denying access to anyone but the account holder.
Q: What happens if you don’t make a plan?
A: Without clear instructions, your family could face major challenges:
They may be locked out of cloud storage or email accounts containing important information or memories.
Financial records may be inaccessible, delaying estate settlement or bill payments.
Social media accounts may go unmanaged or be stuck in limbo.
Legal costs and stress can increase during an already difficult time.
That’s why preparing for digital access is so important.
How Trustworthy Supports Digital Estate Planning
Q: How can Trustworthy help with RUFADAA compliance and access?
A: Trustworthy is a secure digital vault that helps families stay organized and prepared. It makes RUFADAA compliance easier by giving you tools to:
Store digital account details and important documents in one place.
Grant specific access to trusted family members, advisors, or professionals.
Include legal documents that express your digital asset wishes clearly.
Keep your records updated as your digital life evolves.
By doing this work in advance, you reduce the risk of your family being locked out — and give them clarity when they need it most.
Q: Can Trustworthy be used alongside other planning tools?
A: Yes. Trustworthy is designed to complement the steps you take elsewhere — not replace them. For example, you can:
Use Google or Facebook’s legacy contact tools.
Include digital asset language in your legal estate documents.
Store your password manager instructions or account inventory in Trustworthy.
Give your family full or partial access so they know what to do and where to find everything.
This multilayered approach gives your family the best chance of accessing what they need — legally, safely, and without added stress.
Taking Action Today
Q: What online tools should I set up right now?
A: Set up Legacy Access in Trustworthy's digital vault. With Trustworthy, you can store all of your important documents and other information (insurance policies, financial records, tax returns, property deeds, passwords, and much more).
Most major services now offer some form of digital legacy planning, including:
Google: Set up Inactive Account Manager.
Facebook: Designate a Legacy Contact or choose to have your account deleted.
Apple: Set up Digital Legacy contacts for your Apple ID.
Microsoft: Use their Next of Kin process setup.
These tools can be set up in just a few minutes. The key is remembering to update them when your circumstances change.
Q: How should I update my estate planning documents?
A: When you meet with your attorney to update your will or trust, discuss digital assets specifically. You might include language like: "I grant my executor full access to all my digital assets and accounts, including the right to access, manage, distribute, and dispose of these assets as they see fit."
You should also consider creating a separate document — sometimes called a "digital asset inventory" — that lists your important accounts, where you store passwords, and any special instructions for your family. Such a document can be stored with Trustworthy.
Q: What conversations should I have with my family?
A: Perhaps most importantly, talk to your family about your digital life. Do they know where you keep your password manager? Have you explained which accounts are most important to access? Do they understand your wishes for your social media profiles?
Common Family Concerns
Q: What if I don't want my family reading my private emails?
A: RUFADAA allows you to specify different levels of access. You might grant access to account information (like contact lists or stored documents) without giving permission to read private communications.
Q: What about cryptocurrency and NFTs?
A: RUFADAA covers some digital assets, but cryptocurrency stored in private wallets and some newer digital assets may fall into legal gray areas. These often require additional planning.
Q: My state hasn't adopted RUFADAA — what now?
A: Even without RUFADAA, you can still use online tools like Trustworthy and include digital asset provisions in your estate planning. It may just be more complicated for your family to access accounts without the law's protections.
Final Thoughts
RUFADAA may sound technical, but its purpose is personal: to make sure families can access a loved one’s digital life when it matters. With tools like Trustworthy, you don’t have to leave that access to chance.
By organizing your digital accounts, granting access thoughtfully, and using secure storage, you’ll make sure your family is supported — not stuck — when they need it most.
We’d love to hear from you! Feel free to email us with any questions, comments, or suggestions for future article topics.
Trustworthy is an online service providing legal forms and information. We are not a law firm and do not provide legal advice.
