Digital Assets and Your Legacy: How to Protect Your Online Accounts Under North Carolina Law
Why Your Online Life Matters After You’re Gone
We live in a digital age where our most treasured memories, conversations, and even our personal history often exist entirely online. Photos of family gatherings, years of heartfelt emails, personal notes saved in the cloud, these aren’t just files. They’re pieces of your story. But here’s the question most people never ask: What happens to your online life when you’re gone?
Locked Out of a Life
When Mary’s mother, Linda, passed away suddenly, he thought the hardest part would be saying goodbye. But in the weeks that followed, Mary faced a different kind of heartbreak.
Linda had kept thousands of family photos stored on her iCloud account. She had years of email exchanges with her grandchildren, birthday videos saved on Google Drive, and an active Facebook account where she documented family milestones.
Mary assumed she could just log in and download everything. But she didn’t have her mom’s passwords.
When she reached out to the companies, he ran into a wall of legal and privacy restrictions. Apple required a court order to even discuss access. Google requested formal legal authority and proof of death. Facebook offered only two options: memorialize the account or delete it. But, neither gave him access to her photos stored privately.
Marys mother’s digital life, her memories, her words, her stories, was effectively locked away forever.
The Rise of Digital Assets in Estate Planning
A generation ago, “estate” meant property, bank accounts, and maybe a safe deposit box. Today, estate planning must also consider your digital assets both personal and sentimental property that exists only online.
For most people, this includes:
Social media accounts (Facebook, Instagram, X/Twitter, LinkedIn)
Email accounts (Gmail, Outlook, Yahoo)
Photo and video storage (iCloud, Google Photos, Dropbox)
Cloud-based documents (Google Drive, OneDrive)
Without clear legal authority and instructions, your loved ones may be powerless to access these accounts, even if the contents are deeply personal and important to your family history.
How North Carolina Law Handles Digital Assets
North Carolina has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This law governs how executors, trustees, and agents under a power of attorney can access someone’s digital accounts after death or incapacity.
Here’s the plain-language version:
Online Tools Control First – Many companies (like Facebook’s “Legacy Contact” or Google’s “Inactive Account Manager”) allow you to decide who can access your account after you die. If you use those tools, your choice overrides your will or trust.
Your Legal Documents Matter – If you don’t use an online tool, your will, trust, or power of attorney can grant access to your digital assets.
Privacy Laws Still Apply – Even with legal authority, companies may limit what can be shared. Some may allow copies of data but not full account control.
No Plan? No Access – Without explicit permission, your executor may only be able to close the account—not retrieve the contents.
The Risk of Doing Nothing
If you haven’t planned for your digital legacy, you risk:
Permanent loss of photos and videos stored online
Locked email accounts that contain important documents and communications
Social media profiles left unmanaged or vulnerable to hacking
Frustrated loved ones forced to navigate costly and time-consuming legal processes
Steps to Protect Your Digital Legacy in North Carolina
Take Inventory of Your Digital Assets
List your important accounts, where they’re stored, and how they’re used.Decide What You Want Done
Do you want social media memorialized or deleted? Should certain accounts be passed to specific family members?Use Available Online Tools
Activate “Legacy Contact” on Facebook, set up Google’s “Inactive Account Manager,” and review similar tools for your email or storage providers.Update Your Estate Planning Documents
Work with an estate planning attorney to include digital asset instructions in your will, trust, and power of attorney.Securely Store Access Information
Use a password manager or secure storage method that your executor can access with legal authority.
Why This Matters More Than Ever
Your digital presence is part of your identity. Without a plan, you may be unintentionally erasing a part of your story. And, you are unintentionally making things harder for the people you love most.
Contact Us
Don’t leave your online life to chance. Let’s make sure your digital legacy is preserved and accessible to those who matter.
Schedule your discovery call today and take the first step toward protecting both your physical and digital estate.
