A modern estate lives partly online — email, photos, social media, banking, cryptocurrency. When someone dies, their executor often has to reach those accounts, and Texas has a specific law that governs when and how. Here is how digital assets are handled.
The Governing Law
Texas follows the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which gives fiduciaries — executors, trustees, agents under a power of attorney, and guardians — authority to access digital assets, within limits.
The Order of Authority
Who controls access follows a clear hierarchy:
- The platform’s online tool — if the person used a feature like Google’s Inactive Account Manager or Facebook’s Legacy Contact, that choice controls and overrides a will
- Estate documents — if no online tool was used, directions in the person’s will, trust, or power of attorney govern
- Terms of service — if neither exists, the platform’s own terms apply, which often means the account is locked or deleted
What the Executor Faces in Practice
Even with authority, an executor usually must send each platform a death certificate and Letters Testamentary, and the process varies widely from one company to the next. Access to the contents of private messages is more restricted than access to a catalog of an account’s activity, so email and social media can be harder to open than a simple asset list.
Cryptocurrency and Files
Some digital assets — especially cryptocurrency — depend on private keys the law cannot recover. If the keys are lost, the asset may be gone forever. That is why keys, wallet access, and an inventory of accounts should be stored where a fiduciary can find them, ideally as part of a complete estate plan.
Frequently Asked Questions
Can an executor access online accounts in Texas?
Yes, under the Texas Revised Uniform Fiduciary Access to Digital Assets Act, but access depends on what the person set up and on each platform’s rules.
What controls who can access digital assets?
First, any online tool the person used with the platform; then their will, trust, or power of attorney; and finally, if neither exists, the platform’s terms of service.
How does an executor reach cryptocurrency?
Crypto typically requires the private keys or wallet access, which the law cannot recover. That is why keys should be stored where the executor can find them.
Talk With a Texas Probate Attorney
Managing an estate with online accounts or crypto? We can help you get lawful access. Call 713-955-6182 or contact The De Leon Law Firm to get started.