Estate Planning for Digital Assets in Utah
Protecting online accounts, crypto, and cloud data under Utah’s RUFADAA framework
In Utah, your digital life, cryptocurrency, online banking, social media, photos, and cloud accounts is part of your estate. If you don’t plan for it, your loved ones may be unable to access or manage these assets after you’re gone. This guide explains how Utah law views digital property, how to include it in your estate plan, and what steps can protect it from loss or legal complications.
At Utah Law Explained, our goal is to turn complex Utah law into practical knowledge. With technology and crypto now shaping modern estates, understanding digital asset planning is more important than ever.
What Counts as a Digital Asset in Utah?
Utah law defines digital assets broadly as electronically stored information with personal, financial, or sentimental value. Common examples include:
- Cryptocurrency and NFTs (e.g., Bitcoin, Ethereum, digital art)
- Online bank, PayPal, and Venmo accounts
- Social media profiles (Facebook, Instagram, LinkedIn)
- Email accounts and cloud storage (Google Drive, Dropbox)
- Digital photos, videos, or intellectual property
- Domain names and monetized online businesses
Each of these can hold real or emotional worth. Without legal preparation, heirs can face locked accounts or disputes about ownership.
Utah’s Law: RUFADAA Access Rules
Utah adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This law can grant executors, trustees, and agents legal access to your digital property but only if you give permission in your estate documents.
How to Include Digital Assets in Your Utah Estate Plan
- Make a detailed inventory. List online accounts, digital wallets, domains, and stored data; note the type and where it’s held.
- Secure your login credentials. Store usernames, passwords, and wallet keys in a password manager or digital vault; share access details securely with your attorney or executor.
- Appoint a digital executor. Choose someone you trust who understands technology; identify them in your will or trust.
- Work with a Utah estate-planning attorney. Align your plan with RUFADAA and the Utah Uniform Probate Code to avoid probate issues.
- Update regularly. Review at least annually to reflect new accounts or crypto holdings.
Security and Privacy Best Practices
Digital assets require special protection due to hacking and data-loss risks. Consider these steps:
- Enable two-factor authentication (2FA) for major accounts.
- Keep offline backups of critical information such as wallet recovery phrases.
- Use digital vaults (1Password Families, Bitwarden, Legacy Locker) for controlled access.
- Discuss attorney escrow options for encryption keys or recovery details.
These practices help your executor carry out your wishes without compromising security.
Taxes and Probate Considerations for Crypto
- Cryptocurrency is treated as property, not currency; sales or transfers may trigger capital gains tax.
- Executors must report crypto holdings during estate administration.
- Maintain transaction records and wallet balances to avoid probate valuation disputes.
Clear instructions in your will or trust help ensure your digital wealth is distributed legally and fairly.
Preventing Disputes Over Online Accounts
- Assign ownership clearly in your estate documents.
- Avoid sharing personal logins during your lifetime (often violates terms of service).
- Consider appointing a neutral third party or attorney as your digital fiduciary.
- Keep your plan updated as platforms change policies.
YouTube & Instagram: Digital Asset Planning
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Final Thoughts: Protecting Your Digital Legacy
Estate planning is no longer limited to physical or financial assets. Your online life emails, crypto wallets, cloud documents, and social media is part of your personal history and wealth. Ensuring those assets are preserved and properly transferred protects your loved ones.
Talk to a Utah AttorneyIf you live in Utah, consult a licensed estate-planning attorney familiar with digital asset laws. A well-structured plan can keep your digital world secure and accessible when it matters most.