Almost everyone in Palm Beach now leaves behind a trail of digital assets: email, photos stored in the cloud, social media, online banking, and sometimes cryptocurrency. A growing worry is what happens to these accounts after death and whether anyone can legally access them. Here is how Florida law handles it.
What counts as a digital asset?
A digital asset is essentially any electronic record in which a person has a right or interest. That includes email accounts, social media profiles, photo and document storage, domain names, loyalty points, online business accounts, and cryptocurrency. Some have real financial value; others have deep sentimental value to a Palm Beach family.
Can my personal representative just log into my accounts?
Not automatically. Florida adopted the Fiduciary Access to Digital Assets Act (found in Chapter 740 of the Florida Statutes). It sets a clear order of authority: an online tool offered by the provider, such as a legacy contact or inactive account manager, controls first. If no online tool was used, the terms of a will, trust, or power of attorney control next. Only then do the provider’s terms of service apply. Logging in with someone else’s password can also raise legal issues, so the lawful path matters.
What about cryptocurrency?
Crypto is uniquely fragile in probate. If no one knows the wallet exists, or the private keys and recovery phrases are lost, the assets may be permanently unrecoverable, even by a Florida court. The estate cannot distribute what it cannot access. For Palm Beach holders, secure, retrievable documentation of keys, separate from the keys themselves, is essential to estate planning.
Do digital assets go through probate?
It depends on the asset. Accounts with monetary value can be probate assets administered under Chapters 731-735. Many accounts, however, are governed by provider tools and contracts. A clear plan that uses each provider’s legacy tools, combined with authority in your estate documents, reduces the need to fight through probate to reach them.
How do I plan for my digital life in Florida?
Practical steps include:
- Use each provider’s legacy or inactive-account tool to name who may access the account.
- Grant explicit digital asset authority in your will, revocable trust, and durable power of attorney under Chapter 709.
- Maintain a secure inventory of accounts and, separately, instructions for locating credentials.
- Identify any crypto and document recovery information safely.
A durable power of attorney matters here too, because access often needs to happen during incapacity, not only after death.
Are digital assets taxed in Florida?
Florida has no state estate tax and no inheritance tax, so digital assets are not subject to a Florida death tax. The challenge is access and authority, not state taxation.
A note for Palm Beach families
Digital assets are easy to overlook and easy to lose forever. Because Florida’s Chapter 740 sets a specific order of authority, your estate documents need the right language to grant access. A licensed Florida attorney can update your will, trust, and power of attorney so your loved ones can reach what matters and nothing valuable disappears.
Have a question about your estate?
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
