Digital Assets in Pennsylvania (20 Pa.C.S. Chapter 39)

Pennsylvania adopted the Revised Uniform Fiduciary Access to Digital Assets Act (20 Pa.C.S. §§ 3901–3918), which governs what happens to your digital property when you die or become incapacitated.

What Are Digital Assets?

Digital assets include email accounts, social media profiles, digital photos and videos, cloud storage, cryptocurrency, online banking, domain names, digital music and book libraries, and any other electronically stored information with monetary or sentimental value.

The Problem

Without authorization, most platforms will not give your executor access to your accounts. Many terms-of-service agreements prohibit sharing login credentials. Federal law (the Computer Fraud and Abuse Act and the Stored Communications Act) can make unauthorized access a crime — even by a well-meaning family member.

What You Should Do

• Include a digital assets provision in your will or trust — explicitly authorizing your executor/trustee to access, manage, and distribute digital assets
• Use each platform's legacy/memorialization tools — Google, Facebook, Apple, and others have specific settings for designating a legacy contact
• Maintain a secure digital inventory — list all accounts, platforms, and cryptocurrency wallets (but do NOT put passwords in your will, which becomes a public document after probate)
• Consider a password manager with emergency access features