What Happens to Digital Assets in Florida Probate?

Florida’s framework for digital assets at death is the Florida Fiduciary Access to Digital Assets Act (FFADAA), codified at Chapter 740, Florida Statutes. Florida adopted FFADAA in 2016 to resolve a problem federal law and the terms of service for nearly every online platform had created: when someone dies, who is allowed to access their email, photos, social media, cryptocurrency wallets, and online accounts? The answer Florida settled on is structured, specific, and very different from what most people expect.

The short version: a Florida personal representative does not automatically get access to a decedent’s digital accounts simply by being appointed. Access depends on a three-tier hierarchy under FFADAA, and getting the order wrong can lock the estate out of valuable assets permanently.

What Counts as a Digital Asset in Florida

Section 740.002(10) defines a digital asset broadly: any electronic record in which an individual has a right or interest. That includes:

• Email accounts (Gmail, Outlook, Yahoo, ProtonMail)
• Social media profiles (Facebook, Instagram, X/Twitter, LinkedIn, TikTok)
• Cloud storage and photos (iCloud, Google Drive, Dropbox, OneDrive)
• Cryptocurrency wallets and exchange accounts (Coinbase, Kraken, Binance, hardware wallets)
• Domain names and websites
• Digital purchases (iTunes, Kindle, Steam libraries, in-app purchases)
• Loyalty points and airline miles
• Online business accounts (Amazon FBA, Etsy, eBay)
• NFTs and tokenized assets
• Online subscriptions and ongoing service accounts

Notably absent from FFADAA: the underlying device. Section 740.002(11) distinguishes between the digital asset itself (the data) and the device that stores it. A laptop or phone passes by ordinary tangible-property rules; the data on it is governed by FFADAA only to the extent the law applies to that type of content.

The Three-Tier Hierarchy: How Access Is Decided

FFADAA establishes a strict order of priority for who controls the disposition of digital assets. Section 740.005 lays it out:

Tier 1: An Online Tool Selected by the User

If the user designated a specific person to receive access through the platform’s own online tool — Facebook’s Legacy Contact, Google’s Inactive Account Manager, Apple’s Digital Legacy Contact — that designation controls. It overrides anything the user later wrote in their will or trust about that account.

Tier 2: A Will, Trust, Power of Attorney, or Other Estate Document

If the user did not use an online tool, the user’s estate planning documents control. A will or trust provision authorizing access to digital assets — and ideally specifying which categories — directs the personal representative or trustee.

Tier 3: The Platform’s Terms of Service

If neither an online tool nor an estate planning document addresses the asset, the platform’s terms of service decide. This is the worst-case default. Most major platforms’ terms of service require a court order, a death certificate, and sometimes additional documentation before disclosing account contents — and many limit disclosure to non-content metadata only (when an account was created and when it was last accessed, but not the messages or photos themselves).

The tier hierarchy is what matters most. A user who set Facebook’s Legacy Contact to a friend cannot be overridden by a will leaving the Facebook account to a spouse — the online tool wins.

What a Personal Representative Can Access Without Authorization

Without explicit user authorization through one of the three tiers, FFADAA allows a Florida personal representative limited access:

• Catalog of electronic communications — the metadata showing who sent what to whom and when, but not the content
• Digital assets that are not electronic communications — for example, cryptocurrency holdings recorded by an exchange (subject to that exchange’s terms), digital photos in cloud storage, and other non-message data

What’s blocked without authorization:

• The content of electronic communications — the actual text of emails, direct messages, and chats. Federal law (the Stored Communications Act) prohibits providers from disclosing content without proper authorization, and FFADAA respects that limit.

This is why getting authorization in advance — through an online tool, will, or trust — matters enormously. The estate has full access only to the extent the user authorized it.

Specific Platforms: How Major Services Handle Death

Apple Digital Legacy. Allows up to five legacy contacts. Designated contacts receive an access key and can request iCloud account contents (photos, documents, notes, contacts) for up to three years after death. Set up in iPhone Settings under Apple ID > Sign-In & Security > Legacy Contact.

Google Inactive Account Manager. Allows users to designate up to ten trusted contacts who receive access to specified Google services (Gmail, Drive, Photos, YouTube) after the account has been inactive for a chosen period. Set up at myaccount.google.com.

Facebook Legacy Contact. Allows one Legacy Contact who can manage a memorialized profile, write a pinned post, respond to friend requests, and update profile photos. Cannot read messages. Set up in Settings > Memorialization Settings.

Instagram. Memorialization is requested through a separate process; Instagram does not currently offer a Legacy Contact function.

X (Twitter). Allows a verified family member or representative to request account deactivation but does not provide content access. No legacy contact function.

LinkedIn. Allows a connection or family member to request profile memorialization or removal but provides no content access.

Microsoft accounts (Outlook, Xbox, OneDrive). Microsoft generally requires a court order before disclosing account contents.

Cryptocurrency exchanges. Coinbase, Kraken, and other regulated exchanges require letters testamentary, a death certificate, and additional verification. Self-custodied wallets (cold storage, hardware wallets, paper wallets) are inaccessible without the seed phrase or private key — no court order can recover what no platform holds.

The Cryptocurrency Problem

Self-custodied cryptocurrency is a uniquely hard FFADAA problem. The asset exists, the personal representative knows it exists, and no platform holds the keys. If the user did not document seed phrases, private keys, or wallet recovery methods in a way the personal representative can find, the cryptocurrency is functionally lost. FFADAA can compel exchanges to disclose accounts and balances; it cannot recover keys the user kept only in their own head.

The fix is preventive: a clear, secure record of wallet locations, seed phrases (split among trusted people if necessary), and recovery procedures, accessible to the personal representative through the will or a trust. Storing this in a will alone is risky — wills become public when filed for probate. A revocable living trust or a separate sealed letter referenced in the will is generally safer.

Steps a Florida Personal Representative Should Take for Digital Assets

1. Inventory what’s known. Email accounts, social media, cloud storage, cryptocurrency, online banking, subscriptions. Bank statements and credit card statements often reveal recurring digital subscriptions the family didn’t know existed.
2. Check for online tools. Apple Digital Legacy, Google Inactive Account Manager, Facebook Legacy Contact, etc. These override anything in the will.
3. Review the will and trust for specific digital asset authorizations.
4. Request access from each platform. Most provide a deceased-user access form. Be prepared to provide letters of administration, a death certificate, and proof of relationship.
5. For self-custodied crypto, search physical and digital records for seed phrases, hardware wallets, and exchange records. A forensic recovery firm may help in some cases.
6. Preserve before deletion. Many platforms automatically delete inactive accounts. Time is not on the personal representative’s side.
7. Cancel ongoing subscriptions. Streaming services, software-as-a-service, paid email, dating apps. Recurring charges continue until canceled.
8. Document what was preserved and what was lost for the final accounting.

Planning Steps to Take Now (Before You’re the Decedent)

The cheapest digital asset administration is the one prevented by good planning.

• Set up online tools at every major platform you use. Apple Digital Legacy, Google Inactive Account Manager, Facebook Legacy Contact at minimum.
• Add a digital assets clause to your will or trust specifically authorizing your personal representative or trustee to access your digital accounts under FFADAA.
• Maintain a current inventory of accounts, stored in a way your personal representative can find — a password manager with emergency access, a sealed letter in your safe, or a list referenced in your trust.
• Document cryptocurrency specifically. Wallet addresses, recovery phrases, and access procedures, all stored securely.
• Update your inventory annually. Digital footprints grow.

Vollrath’s estate planning attorneys build digital asset provisions into every modern Florida estate plan, and we revise them as platforms change.

Frequently Asked Questions

Does my will give my executor access to my digital accounts automatically? Only if the will specifically authorizes access under FFADAA. A standard will without a digital assets clause leaves the personal representative dependent on platform-by-platform terms of service.

What happens to my Facebook account if I die in Florida? If you set a Legacy Contact, that person manages your memorialized account. If you didn’t, your family can request memorialization or deletion, but no one will have access to your messages.

Can I leave my email account to a specific person in my will? Yes — under FFADAA, a will provision authorizing access to specified digital accounts is a Tier 2 directive that controls when no online tool was used. The will should specifically reference the FFADAA authorization to be most effective.

Are cryptocurrency holdings part of probate? Yes. Cryptocurrency held by the decedent is a probate asset. The challenge is access, not classification.

What if I don’t want my family reading my emails? A will provision can specifically restrict access to certain accounts, or you can use online tools to designate access only to selected categories. FFADAA respects user privacy choices made through these mechanisms.

Does FFADAA apply to my Florida revocable trust? Yes. Section 740.005 applies to fiduciaries generally, including trustees of revocable trusts.

Plan Your Florida Digital Estate Before It’s Probate’s Problem

Digital assets are now a meaningful part of nearly every Florida estate, and FFADAA is the law that decides what happens to them. Vollrath Law’s estate planning attorneys build FFADAA-compliant digital asset provisions into Florida wills and trusts every week — and we walk personal representatives through Chapter 740’s three-tier hierarchy when a digital estate is already in administration. 

Schedule a consultation to discuss your digital estate planning or your personal representative’s access questions.