You probably have more digital assets than you realize. Email accounts, social media profiles, cloud photo libraries, cryptocurrency wallets, streaming subscriptions, online banking, domain names, loyalty reward points, digital business accounts -- the list keeps growing every year. When you die, your family will need access to these accounts. Without proper planning under Michigan law, they may be permanently locked out.
What Counts as a Digital Asset?
Under Michigan law, a digital asset is defined as "an electronic record in which a user has a right or interest." That definition is intentionally broad. It covers virtually everything you access online or store digitally.
Digital assets generally fall into four categories:
Financial digital assets carry direct monetary value. These include online bank accounts, investment and brokerage accounts, cryptocurrency wallets (Bitcoin, Ethereum, etc.), PayPal and Venmo balances, digital payment accounts, and reward points with cash value.
Social and communication accounts include email (Gmail, Outlook, Yahoo), social media profiles (Facebook, Instagram, X, TikTok, LinkedIn), messaging apps, and dating profiles.
Personal and sentimental assets cover cloud-stored photos and videos (Google Photos, iCloud, Dropbox), digital music and e-book libraries, gaming accounts with purchased content, and documents stored in cloud services.
Business and commercial assets include domain names, websites, online storefronts, advertising accounts, software licenses, intellectual property stored digitally, and business email accounts.
Many people underestimate the value of their digital estate. A domain name could be worth thousands. A cryptocurrency wallet with a lost password could hold significant funds. Even a social media account with a large following has measurable commercial value.
Michigan's Fiduciary Access to Digital Assets Act
Michigan adopted the Fiduciary Access to Digital Assets Act in 2016 (codified at MCL 700.1001 through MCL 700.1012). This law is Michigan's version of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), and it establishes the legal framework for who can access your digital accounts after you die or become incapacitated.
The Act applies to four types of fiduciaries:
- Personal representatives (executors) acting under a will for a decedent's estate
- Trustees acting under a trust
- Agents acting under a durable power of attorney
- Conservators appointed by the court to manage the estate of a protected person
The Act also applies to digital custodians (companies like Google, Facebook, Apple, etc.) when the user resides in Michigan. This means Michigan law governs your digital assets regardless of where the hosting company is located.
One important limitation: the Act does not apply to digital assets of an employer that are used by an employee in the ordinary course of business. Your work email and work-related accounts are handled separately.
The Envelope vs. Letter Distinction
This is the single most important concept to understand about Michigan's digital assets law, and it trips up many people -- including some attorneys.
The Act distinguishes between two types of access:
Catalogue access (the "envelope") means your fiduciary can see metadata -- who you emailed, when you emailed them, subject lines, timestamps, and similar information. Think of it like being able to see the outside of an envelope without opening it.
Content access (the "letter") means your fiduciary can see the actual contents of your communications -- the text of your emails, the content of your messages, the files you stored. This is like reading the letter inside the envelope.
Here is the critical point: under MCL 700.1006, a fiduciary may access the content of your digital communications only if you have expressly authorized it in a will, trust, or power of attorney. General language like "I grant my executor authority over all my assets" or even "I grant my executor authority over my digital assets" is not enough. You must specifically authorize access to the contents of your digital assets.
The recommended language, according to Michigan estate planning practitioners, should include wording such as: "I authorize my fiduciary to access my digital assets, including and not limited to the contents of all my digital assets, wherever they are located."
Without that explicit content authorization, your executor can see that you sent an email to someone on a certain date, but cannot read what the email said. They can see that you have a cloud storage account, but cannot access the files inside it.
The Three-Tier Access Hierarchy
Michigan's Act establishes a clear priority system for determining who controls your digital assets. This hierarchy matters because different instructions can conflict with each other:
Tier 1: Online tool designations (highest priority). If you use a platform's built-in tool -- like Facebook's Legacy Contact or Google's Inactive Account Manager -- those instructions override everything else, including your will. This means if your will says "delete my Facebook account" but you designated a Legacy Contact on Facebook to manage it, the Legacy Contact designation wins.
Tier 2: Your estate planning documents. Instructions in your will, trust, or power of attorney come second. If you did not use a platform's online tool, the instructions in your estate plan control access.
Tier 3: The platform's terms of service (lowest priority). If you made no designation through an online tool and your estate plan is silent, the platform's own terms of service determine what happens to your account. This usually means limited access or account deletion.
The practical takeaway: make sure your online tool designations and your estate planning documents are consistent. If they conflict, the online tool wins -- which may not be what you intended.
What Happens Without a Plan
When someone dies in Michigan without any digital asset plan, the consequences can be severe:
Permanent lockout. Your family may be completely unable to access your accounts. They cannot simply call Google or Apple and ask for access. Without legal authorization, these companies will (and legally must) deny access to protect your privacy.
Lost cryptocurrency. If no one has your private keys or wallet passwords, cryptocurrency is gone forever. There is no "forgot password" option and no company to call. Billions of dollars in cryptocurrency globally are believed to be permanently inaccessible because the owner died without sharing access information.
Ongoing charges. Subscription services -- Netflix, Spotify, Amazon Prime, cloud storage, software licenses, gym memberships with online billing -- will continue charging your bank account or credit card indefinitely until someone cancels them.
Identity theft risk. Unsecured accounts can be targeted by hackers. An unmonitored email account is a gateway to resetting passwords on financial accounts, filing fraudulent tax returns, or committing identity fraud in the deceased person's name.
Lost memories. Family photos stored only in the cloud, videos of grandchildren, years of personal correspondence -- all potentially lost forever if no one can log in.
Business disruption. If you run any kind of online business, even a side venture, your customers, suppliers, and partners may be unable to reach anyone. Domain names can expire. Advertising accounts can continue spending money. E-commerce inventory can go unshipped.
Platform-by-Platform Rules
Each major platform has its own policies for what happens when an account holder dies. Here are the most common ones Michigan residents should know about:
Facebook and Instagram (Meta). Facebook allows you to designate a Legacy Contact who can manage your memorialized profile -- write pinned posts, respond to friend requests, and update profile photos. You can also choose to have your account permanently deleted upon death. Instagram follows similar policies. These designations are considered "online tools" under Michigan law and take priority over your will.
Google (Gmail, YouTube, Google Photos, Drive). Google's Inactive Account Manager lets you choose what happens after a period of inactivity (3 to 18 months). You can designate up to 10 people to receive data from specific Google services, or you can instruct Google to delete your account entirely. Without this setup, family members must submit a formal request with a death certificate, and Google decides on a case-by-case basis whether to grant any access.
Apple (iCloud, Apple ID). Apple offers a Digital Legacy program that lets you designate Legacy Contacts who can access your iCloud data after your death. Without a designated contact, Apple requires a court order to release account data.
X (formerly Twitter) and TikTok. Neither platform offers a memorialization option. X will deactivate an account upon receiving a request from a verified family member or estate representative. TikTok has no formal process, and accounts may remain active indefinitely or be deleted after prolonged inactivity.
Microsoft (Outlook, OneDrive, Xbox). Microsoft will provide account data to the next of kin upon receipt of a death certificate, valid identification, and a court order or other legal documentation proving the requester's relationship to the deceased.
Cryptocurrency and Financial Accounts
Cryptocurrency presents unique challenges because it operates outside traditional financial institutions. There is no bank to call, no customer service representative to reset your password, and no legal authority that can compel a blockchain to release funds.
If you hold cryptocurrency, your estate plan must address:
- Private keys and seed phrases. These are the only way to access cryptocurrency held in a self-custody wallet. Store them securely but make sure your fiduciary knows where to find them.
- Exchange accounts. If you hold crypto on exchanges like Coinbase or Kraken, your executor will need account credentials plus the documentation required by the exchange's estate settlement process.
- Hardware wallets. If you use a physical hardware wallet (Ledger, Trezor), your fiduciary needs both the device and the PIN or recovery phrase.
- Multi-signature wallets. If your crypto requires multiple keys to access, all keyholders must be identified and their cooperation ensured.
For traditional online financial accounts (banking, brokerage, retirement), Michigan law generally allows a personal representative with proper court documentation to gain access. However, the process is significantly faster and cheaper if your estate plan specifically authorizes digital asset access.
How to Protect Your Digital Assets
Protecting your digital estate requires a combination of legal documents, practical organization, and regular maintenance. Here is a step-by-step approach:
Step 1: Create a comprehensive digital asset inventory. List every online account you have -- financial, social, email, subscriptions, cloud storage, business accounts. Include the platform name, your username or email used to register, and what the account contains. Do not store passwords in this document (use a password manager instead). Update this inventory at least once a year.
Step 2: Set up a password manager with emergency access. Services like 1Password, Bitwarden, or LastPass allow you to designate an emergency contact who can request access to your vault after a waiting period. This is one of the most practical steps you can take.
Step 3: Configure platform-specific tools. Set up Facebook's Legacy Contact, Google's Inactive Account Manager, and Apple's Digital Legacy contacts. Remember that these designations override your will under Michigan law, so make them consistent with your estate plan.
Step 4: Update your estate planning documents. Your will, trust, and durable power of attorney should all include explicit language authorizing your fiduciary to access the contents of your digital assets. General digital asset authority is not sufficient under Michigan's Act. The CreateMIWill document kits include this language.
Step 5: Appoint a digital-savvy fiduciary. Your executor or trustee will need to navigate online platforms, understand two-factor authentication, and potentially manage cryptocurrency. If your primary executor is not comfortable with technology, consider naming a co-executor or a specific digital executor for these assets.
Step 6: Store your instructions securely. Your digital asset inventory and access instructions should be stored in a secure but accessible location -- a fireproof safe, a safety deposit box, or with your estate planning attorney. Make sure your fiduciary knows where to find them.
Protect Your Digital Legacy Today
Your digital life is part of your estate. Michigan's Fiduciary Access to Digital Assets Act provides the legal framework, but it only works if your estate planning documents include the right language and your fiduciary knows where to find your digital asset information.
The CreateMIWill estate planning kits include Michigan-specific digital asset authorization language in every will, trust, and power of attorney template. Every document is drafted to comply with the Fiduciary Access to Digital Assets Act, including the explicit content-access authorization that Michigan law requires.
Get Your Michigan Estate Planning Documents
Attorney-drafted templates that include digital asset provisions compliant with Michigan's Fiduciary Access to Digital Assets Act. Instant download, 30-day money-back guarantee.
Frequently Asked Questions
Can my spouse automatically access my online accounts after I die?
No. Marriage alone does not grant automatic access to individually held digital accounts. Even joint bank account holders may face challenges with online-only features. Your executor needs proper legal authority through your estate planning documents, and attempting to use a deceased person's credentials could technically be considered unauthorized access.
What if I only have a will that doesn't mention digital assets?
Your executor will have limited authority. Under Michigan's Act, a will that does not specifically authorize access to the contents of digital assets only gives your executor access to metadata (the "catalogue"). Many online platforms will deny full access without explicit content authorization in the estate planning documents.
How long does a digital custodian have to respond to a fiduciary's request in Michigan?
Under the Act, a digital custodian must comply with a valid disclosure request within 60 days of receiving all required documentation. This includes a death certificate, certified letters of authority, and a written request identifying the accounts. If the custodian fails to comply, your fiduciary can petition the probate court for an order directing compliance.
Do I need a separate digital will?
No. Michigan does not recognize a separate "digital will" as a legal document. Instead, your existing will, trust, or power of attorney should include provisions for digital assets. A separate digital asset inventory (listing accounts and access instructions) is a practical supplement, but it should work alongside your legally valid estate planning documents, not replace them.