Hi everyone! I’m Maggie O’Berry, and I’m so excited to introduce myself as the newest associate attorney here at JGB! I’m a Virginia native and I’ve loved being back in the Commonwealth for the past year after graduating from the University of South Carolina School of Law. As part of Attorney Spencer Baxter’s team, I am so grateful for the opportunity to help our clients thoughtfully plan for the future and the people they care about most. I hope you enjoy this month’s edition of the newsletter!
What happens to your digital life when you die?
In today’s digital age, a vast majority of us have some kind of online presence attached to our lives. As of 2025, about 73% of Americans have some form of social media, whether that’s Facebook, YouTube, Instagram, or X. We use online accounts for banking and shopping, apps to keep track of our health and habits, and cloud-based storage to hold precious memories. We may use these digital assets as often as every day, but how often do we think about what happens to them when we die?
Simply having access to a loved one’s computer may only be step one in the process.
In Virginia, the Uniform Fiduciary Access to Digital Assets Act allows you as an account holder to incorporate powers giving your fiduciaries, such as Trustees and Personal Representatives, access to your digital accounts and assets within your estate plan. After you pass away or become incapacitated, your digital assets may be accessible to your fiduciary or agent by providing a varying combination of the following:
1. A written request for disclosure in physical or electronic form;
2. A certified copy of the death certificate of the user;
3. A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order (or correlating powers referenced in a trust document granting the trustee such access);
4. Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications;
5. Upon request of the custodian of the accounts, additional identifying information of the account holder and account.
The same process is used when requesting the custodian of the assets to delete a digital account of the decedent. Therefore, with proper estate planning, a Trustee, Power of Attorney, or Personal Representative can gain some level of access to your known accounts after you have passed away, even without knowledge of your usernames and passwords.
Certain types of digital assets, however, have their own mechanisms for dealing with an account holder's death. Some “custodians,” also known as the platforms your accounts live on, have a system available to users called Inactive Account Managers, or “online tools.” These online tools allow you to specify what content may be released to whom after a specified length of inactivity before your account is deleted.
As an example, access to these online tools can be found on your Google or YouTube account settings. Other platforms, like Facebook and Instagram, allow for memorialization or deletion of your account by next of kin upon showing proof of your passing. Platforms like X (formerly known as Twitter) require the same proof of death but only allow for the account to be fully deleted. Apple accounts lack survivorship rights, resulting in deletion of the account and limiting loved ones from accessing potentially sentimental content. Many streaming services, such as Netflix and Hulu, will continue billing until manually cancelled, resulting in unwanted stress and ongoing expenses for loved ones.
While the Uniform Fiduciary Access to Digital Assets Act often prevents our loved ones from being completely shut out of our accounts, many people still choose to leave behind account information and passwords to provide easy access for loved ones. Keep in mind that these lists should be kept in a private and secure place and routinely updated as accounts and passwords change. Keeping a detailed list of your accounts gives your fiduciary a starting point when gathering information and administering your online content.
Some platform’s terms of service strictly prohibit accessing a decedent’s online account, even with current usernames and passwords. Reviewing the terms of service prior to accessing such accounts can avoid claims of fraud on a fiduciary’s part. Plan ahead by determining whether online tools are available for accessing digital assets, leaving directions for loved ones on how you’d prefer your accounts be handled after your passing, and checking specific platform’s terms of service.
Preplanning for your digital accounts and assets can provide your loved ones with a smoother and less stressful path during this difficult time. If you have further questions, be sure to contact your JGB attorney and we will be happy to help!
Contact usAbout the Author:
Margaret “Maggie” O’Berry is an associate attorney at Johnson, Gasink & Baxter, LLP, working alongside Attorney Spencer Baxter in Estate Planning and Estate Administration.
She is dedicated to helping individuals and families protect their assets and plan confidently for the future. With a client-centered approach, Maggie provides thoughtful guidance, attention to detail, and clear explanations of complex legal matters.
Maggie earned her Bachelor of Arts in Sociology from Washington and Lee University in 2021, with minors in German and Law, Justice, and Society. She was also a member of the Varsity Equestrian Team. She received her Juris Doctor from the University of South Carolina School of Law in 2025, where she contributed to the ABA Real Property, Trust and Estate Law Journal and gained valuable client advocacy experience through the Domestic Violence Clinic.
Originally from Virginia Beach, Maggie recently relocated to Richmond. Outside the office, she enjoys spending time with family and friends, traveling, reading, and baking.