Executive Summary: Florida treats digital assets like crypto and social media as part of the estate, but access depends on the right legal documents. Without clear instructions or account authorization, representatives can face serious roadblocks. Make sure digital assets are listed, stored securely, and included in your estate plan to avoid problems in probate.
People put everything online now—photos, bank accounts, social media, even money in the form of cryptocurrency. But what happens to those digital assets when someone dies in Florida? The answer isn’t always clear. If these assets aren’t included in the estate plan, they can get lost forever or tied up in court.
Whether you’re managing an estate or planning ahead, here’s what Florida law says about digital property during probate.
What Counts as a Digital Asset?
Florida law defines digital assets broadly. They include:
- Cryptocurrency (Bitcoin, Ethereum, etc.)
- Email accounts
- Social media (Facebook, Instagram, TikTok, etc.)
- Photos, videos, documents stored online
- Gaming accounts with financial value
- Online businesses or websites
- Cloud storage or online banking records
If it’s stored electronically and requires a password, it likely qualifies as a digital asset.
Who Can Access Digital Assets in Probate?
Florida’s Fiduciary Access to Digital Assets Act gives personal representatives (the person managing the estate) legal rights to access digital assets, but only under certain conditions.
They must have:
- Explicit written permission from the deceased (in a will, trust, or other document)
- Proper documentation from the court showing they’re the legal representative
- Authorization under the account provider’s terms of service (sometimes required)
Without clear instructions, even a court-appointed representative may be locked out of important accounts.
Why Cryptocurrency Is a Bigger Risk
Crypto is different from other digital assets because it doesn’t involve a third-party provider. It’s stored in digital wallets with private keys. If the key is lost or never shared, the crypto is gone. No bank, no reset button.
That’s why it’s critical for Florida residents to:
- Document where their crypto is stored
- Include wallet info and instructions in their estate plan
- Make sure a trusted person knows how to access it
In some cases, crypto gets lost forever because no one knew it existed.
What About Social Media?
Social media accounts may not have direct cash value, but they’re still part of a person’s digital life. Some platforms let users decide what happens to their accounts:
- Facebook offers a “Legacy Contact” to manage or delete the account
- Google has an “Inactive Account Manager” to transfer data after death
Without these settings, the personal representative will likely need to contact the platform directly and provide legal documents. Some companies won’t release account access at all, only the option to delete.
Why Instructions in a Will May Not Be Enough
Florida law allows a will or trust to give access to digital assets. But some platforms may still follow their Terms of Service instead. That means they might block access, even if the will says otherwise.
To avoid this, use online tools offered by the platform when available. These tools often override the will under Florida law.
Best Practices for Florida Residents
- Create a digital inventory: List your accounts, logins, crypto wallets, and online subscriptions.
- Store access info securely: Use a password manager or secure storage that your representative can access.
- Use online tools: Activate legacy settings and authorized users on major platforms.
- Add digital asset instructions to your will or trust.
- Keep it updated: As your digital presence grows, your plan should grow with it.
Call the Law Office of Ray Garcia, P.A.
If you’re dealing with an estate that includes digital assets or want to protect your own, we’re here to help. We work directly with families and individuals across South Florida to make sure no asset is forgotten or locked away. Call us today. We’ll talk to you clearly, directly, and with a plan that works.
Garcia & Garcia Attorneys at Law
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