Weekly Legal Guide · Week of July 3, 2026

Digital property now includes financial accounts, cloud documents, email, photographs, websites, reward points, cryptocurrency, subscriptions, devices, and business systems. Leaving only a password list does not necessarily give another person lawful authority to access or manage them.

Why this issue matters in Ohio

Ohio’s Uniform Fiduciary Access to Digital Assets Act creates a framework for personal representatives, trustees, agents, and guardians. Access may also depend on the user’s online-tool direction, estate documents, provider terms, federal privacy law, and the scope of the fiduciary’s duties.

Build a useful inventory without exposing secrets

List providers, account types, usernames or identifying details, value, business importance, and the person who should handle each account. Store passwords and recovery codes in a secure password manager or encrypted system, not inside the will filed with a public court.

• Separate inventory from credentials
• Include domain names and cloud storage
• Identify two-factor authentication methods
• Record device unlock and recovery procedures securely

Use provider legacy or online tools

Some platforms allow a user to select a legacy contact, inactive-account manager, or deletion instruction. Under Ohio law, an online-tool direction can have priority over contrary language in another record when the statutory conditions are met.

• Review each provider’s current tool
• Name the intended recipient
• Understand data versus account transfer
• Revisit choices after provider changes

Grant appropriate fiduciary authority

Wills, trusts, and powers of attorney should address digital assets and, when intended, the content of electronic communications. The language should match the person’s privacy choices and the duties assigned to each fiduciary.

• Coordinate executor, trustee, and agent powers
• Address business accounts separately
• Limit access that is unnecessary
• Authorize preservation and termination where appropriate

Create a practical post-death plan

Decide which accounts should be preserved, memorialized, transferred, exported, archived, or deleted. For valuable or income-producing assets, document ownership, custody, tax information, intellectual-property rights, and continuity steps.

• Back up irreplaceable family files
• Protect business continuity
• Document cryptocurrency custody
• Cancel paid subscriptions and secure identity

Practical checklist

• Inventory digital accounts and devices
• Use secure credential storage
• Complete provider legacy tools
• Add tailored authority to estate documents
• Tell the fiduciary how to find the plan

Common questions

Can my executor simply use my password?

Possession of a password is not the same as legal authority. Provider terms, privacy law, Ohio law, and the governing documents must be considered.

Should passwords be written in a will?

Usually no. Wills may become public probate records, and passwords change. Use a secure, updateable system referenced by the plan.

Do digital assets include email content?

Yes, but Ohio law distinguishes content from a catalogue of communications and may require specific user consent for disclosure.

This article provides general information about Ohio law and is not legal advice. Reading it does not create an attorney-client relationship. Laws, court rules, and individual circumstances can change the analysis.