In today’s increasingly digital world, more Texans are discovering that their legacy isn’t just material — it extends deep into the online realm. From cherished photo albums to social media memories, email accounts to cryptocurrencies, lives lived online leave behind a trove of intangible assets. But what happens to all that when someone dies? Traditional estate planning often overlooks these digital elements, leaving families in limbo. That’s why we’re seeing a growing trend: appointing a digital executor, a modern kind of estate representative equipped for the digital age.

As defined by estate-planning experts, a digital executor is the person you designate to manage your digital property after you pass — roughly the same role as a traditional executor, but focused solely on online and electronic assets.

In Texas, this trend is not just practical — it’s increasingly necessary. Under the Texas Revised Uniform Fiduciary Access to Digital Assets Act (TRUFADAA, codified at Chapter 2001 of the Texas Estates Code), state law now provides a legal pathway for executors and trustees to access digital assets — provided the proper authorizations are in place.

In this blog, we explore why digital executors are becoming more common in Texas, what responsibilities they carry, what to look for when picking one, and how to legally formalize the arrangement under Texas law.

Why This Trend Is Growing Among Texans

Digital Lives Mean Digital Legacies

Gone are the days when an estate meant only houses, cars, bank accounts, or physical heirlooms. Today, many of us store our most precious memories — family photos, videos, personal journals — on cloud storage. We communicate and share through social media. We hold online bank accounts, manage subscription services, and even keep investments in cryptocurrencies. These “digital assets” often carry sentimental and financial value that can easily be lost after death.

In fact, legal commentary notes that digital assets may include “emails; text messages; photos; digital music and video; word-processing documents; social media accounts; online financial, utility, credit card, and loan accounts; and more.”

When there’s no plan for handling such assets, families risk losing access forever — a painful outcome for loved ones expecting photos, financial records, or other digital treasures.

Changing Legal Landscape in Texas

Recognizing these challenges, Texas adopted TRUFADAA, giving fiduciaries — like executors or trustees — a statutory framework for accessing digital assets after a person’s death or incapacitation.

But the law isn’t self-executing. If you don’t explicitly authorize access to digital assets in a will, trust, or power of attorney, your loved ones may still face barriers — from privacy laws to terms-of-service obstacles imposed by online platforms.

More and more Texans are recognizing this gap and proactively naming a digital executor — often the same person as their traditional executor, but sometimes a different, more tech-savvy individual. This practice ensures that both their physical and digital estates are handled with care.

Emotional Peace of Mind — and Practical Efficiency

For many people, estate planning is difficult because it forces them to confront their own mortality. But by naming a digital executor, Texans gain a sense of control — not only over their physical property, but over the digital footprint they leave behind. They ensure that treasured memories don’t disappear, that important documents remain accessible, and that financial or online business assets are handled properly.

Given how quickly technology and online services evolve, families benefit from clarity and foresight. That’s why digital executors are becoming a smart — and increasingly common — component of modern estate plans.

What Does a Digital Executor Do?

A digital executor’s job may sound straightforward, but it can involve a wide range of tasks — sometimes mundane, often deeply personal or sensitive. Here are key responsibilities that many digital executors take on:

• Inventory and catalog digital assets: This includes creating a secure, regularly updated list of all online accounts, digital files, social media profiles, cloud storage, cryptocurrency wallets, digital subscriptions, business-related data, and more.
• Access and retrieval: Using login credentials, backup codes, or hardware wallets (for cryptocurrency), the digital executor may need to log in, retrieve, and secure assets — especially those with financial or sentimental value.
• Preserve or distribute assets: According to your instructions, the digital executor might transfer digital files to beneficiaries, archive family photos and videos, or preserve a blog or website. Alternatively, they may delete accounts, shut down services, or close subscriptions.
• Communicate with service providers: For some platforms, access requires formal requests, a certified copy of the death certificate, and possibly a court order. Digital executors may need to liaise with providers, submit required paperwork, or work with attorneys.
• Handle business-related digital assets: If you run an online business, maintain a blog, or hold domain names, your digital executor may need to coordinate with partners, successors, or developers to transfer control — or wind down operations.
• Safeguard privacy and comply with law: Some assets — like private messages or sensitive financial data — may be subject to privacy laws, terms of service, or licensing restrictions. A digital executor must respect those limits, act ethically, and follow both state law and platform rules.

In short, a digital executor safeguards your digital legacy, ensuring your wishes are honored, your family isn’t left scrambling, and valuable assets (sentimental or financial) remain accessible.

Qualifications: Who Should You Choose as Your Digital Executor?

Given the sensitive and technical nature of managing digital assets, the person you choose to serve as digital executor deserves careful thought. Here are key qualities and considerations to weigh:

Tech-savvy and Digital Literacy

Because they may need to navigate cloud storage, cryptocurrency wallets, password managers, or old accounts, your digital executor should be comfortable with technology — from basic online tools to advanced platforms. If you have complex assets like cryptocurrency or monetized online content, the chosen person should ideally understand such systems.

Reliable, Trustworthy, and Mature

This role involves sensitive personal data — private messages, financial account details, sentimental photos, and videos. You need someone you deeply trust to act with discretion, respect, and integrity.

Communication Skills and Willingness to Take Action

Your digital executor may need to reach out to platforms, beneficiaries, business partners, or attorneys. They should be organized, proactive, and comfortable handling both emotional and administrative tasks.

Willingness to Act as Fiduciary — Not Just Friend or Family Member

Given legal implications under TRUFADAA and related statutes, it’s wise to pick someone who understands — or is willing to learn — the responsibilities that come with fiduciary duties, including acting in good faith for beneficiaries.

If Business Is Involved — Someone With Relevant Experience or Willingness to Learn

If your digital presence includes monetized content, websites, e-commerce stores, or licenses, the digital executor should understand how to transfer or wind down those operations responsibly, possibly coordinating with your business partners or successors.

In many cases, people choose the same person as both traditional executor and digital executor — to simplify estate administration. But if your digital assets are substantial or specialized, naming a separate digital executor may be prudent.

How to Legally Authorize a Digital Executor in Texas

Recognizing a digital executor is not enough — you must give them legal authority. Here’s how to do it under Texas law.

1. Include Explicit Language in Your Will (or Trust)

Under TRUFADAA (the Texas Estates Code Chapter 2001), digital assets are recognized as part of an estate.

Your last will and testament (or living trust) should include specific provisions granting a named person — your digital executor — the authority to access, manage, transfer, or delete digital assets. That includes explicit permission to access online accounts, cloud storage, digital currencies, and other intangible assets.

Merely naming a traditional executor may not suffice if you want to ensure digital assets are governed according to your intentions.

2. Provide a Detailed Inventory and Access Instructions

Because digital assets often require logins, passwords, backup codes, or seed phrases (in the case of cryptocurrency), it’s critical to compile a comprehensive inventory. List each account or asset, describe what it is (personal, business, financial, sentimental), and provide secure instructions — for example, a password manager’s emergency access feature or an encrypted file.

Be sure this inventory is stored securely — not publicly visible — yet accessible to your executor when needed.

3. Consider a Digital Power of Attorney for Incapacity

A will governs what happens at death — but what if you become incapacitated? Texas law allows you to use a power of attorney to grant an agent control over your digital assets while you’re alive yet unable to manage them.

This “digital power of attorney” can ensure someone you trust can manage your online affairs if you become disabled — paying bills, managing subscriptions, securing accounts, or safeguarding information.

4. Coordinate with Online “Legacy” Tools Where Available

Some platforms offer tools that ease digital estate planning: for example, certain social media or email services let you designate a “legacy contact” or “inactive account manager.” Under TRUFADAA, such designations may take priority over instructions in your will or trust.

It’s wise to review your major accounts and apply any available legacy settings — then ensure your will/trust instructions don’t conflict.

5. Use Trusted Legal Professionals for Review and Execution

Because state law, platform rules, and privacy considerations can be complex and evolving, professional guidance often makes the difference. Having an attorney experienced in digital estate planning review your documents helps ensure your digital executor will actually be able to act.

Challenges and Limitations — What to Watch Out For

While appointing a digital executor is a big step forward, reality still poses obstacles.

• Privacy laws and platform restrictions — Even with legal authority, some online services may refuse access to private communications (email, private messages) or encrypted data. Under TRUFADAA, fiduciaries may not get unlimited access unless explicitly authorized.
• Cryptocurrency complications — For assets like Bitcoin or other cryptocurrencies, legal authority doesn’t necessarily translate to practical access. Without private keys, seed phrases, or passwords, a digital executor may be unable to retrieve funds.
• Terms of Service Agreements (TOSAs) — Many online platforms place restrictions in their user agreements. If no legacy options were used, and the will doesn’t explicitly grant access, service providers may deny post-death account access or close accounts altogether.
• Technical and logistical burdens — Managing a digital estate can be time-consuming and complicated. The executor may need to coordinate with multiple providers, secure credentials, transfer assets, and handle potential disputes among beneficiaries.

These challenges make it all the more important to plan carefully — and to choose a digital executor who’s prepared for these hurdles.

Why More Texans Are Embracing Digital Executors — And Why You Should Too

The reasons more Texans are signing on for digital executor arrangements are clear:

• Digital lives → digital legacies: With so much of modern life taking place online, digital assets are often as valuable — emotionally or financially — as physical ones.
• Legal recognition under TRUFADAA: Texas law finally gives fiduciaries a clear path to manage digital assets after death — as long as proper authorizations exist.
• Simplifies estate management for loved ones: By naming a digital executor now, you spare your family confusion, disputes, or worse — losing access to irrecoverable memories or assets.
• Flexibility and peace of mind: Whether you want photos preserved, a personal blog archived, or a cryptocurrency wallet transferred — you can specify it all.

For many Texans, appointing a digital executor isn’t just a “nice to have” — it’s a responsible, modern way to ensure you’re fully protecting your legacy.

How We Help You Navigate Digital Estate Planning

At our firm, we’ve observed firsthand the growing need among our clients to plan for more than just physical property and traditional financial assets — they want to ensure their digital lives are protected, too. That’s why we encourage every client to consider a digital executor when crafting their estate plan.

We can help you: assemble a complete inventory of your digital assets; draft will or trust language authorizing a digital executor; and provide guidance on using legacy settings offered by major platforms. If you own digital currency, run online businesses, or maintain significant sentimental digital property — our team is prepared to help you address those thoughtfully, so nothing important gets lost.

As the digital world becomes increasingly central to everyday life, estate planning needs to evolve — and the rise of digital executors reflects exactly that. For Texans looking to leave a complete, well-organized legacy, recognizing digital assets matters. A thoughtful, well-documented digital estate plan — including a skilled digital executor — ensures that when the time comes, your loved ones can honor your wishes and access what matters.

If you haven’t yet addressed your digital assets in your will or trust, now is the time.

Ready to Secure Your Digital Legacy?

If you’re considering how to protect your online accounts, cryptocurrencies, and digital memories — don’t wait. Contact us today to schedule a consultation and ensure your full legacy is preserved.

At Mike Massey Law, we understand the frustrations Texans face when estate planning becomes confusing, expensive, or more focused on benefiting the attorney than the client. That’s why we built a people-first firm that delivers high-quality, personalized planning quickly and affordably, and why so many trust us when searching for wills and trust lawyers or dependable estate planning attorneys in Austin. If you’re looking for an Austin estate planning law firm that listens, cares, and provides clear guidance through every step of the process, we’re here to help. You can explore our full range of estate planning services by browsing our website, learn from our helpful estate-planning and 18-wheeler resources in our book library, or taking the next step toward securing your future by contacting us today through our Call Now page.