Justin Trent, Vice President, Senior Trust & Estate Planner, D.A. Davidson Trust Company
In today’s digital world, many of our most important records, memories, and conversations live online. When a loved one passes away, gaining appropriate access to their email and social media accounts can be both emotionally and administratively challenging. You can plan ahead by setting up third-party account access to ease this burden and help ensure your wishes are honored. Here, we explain how these features work across common email and social media platforms and why taking a few proactive steps now can make a meaningful difference later.
Account Access
Almost every state has enacted some form of the Uniform Fiduciary Access to Digital Assets Act, which provides a legal framework for the fiduciary of your estate to access certain online accounts after your death or incapacity. Your fiduciary may be the personal representative of your estate, the agent named in your power of attorney (for use if you are alive but incapacitated), or even the trustee named in a revocable trust agreement.
Through documentation in your will, power of attorney, and/or trust agreement, you can control the level of access granted to your fiduciary upon your death. The highest level of access includes access to the content of your electronic communications. A more limited access option allows your fiduciary to make certain changes to your accounts or download some of your online data, without having access to the content of your messages.
To make use of this legal framework, your estate planning documents may need to contain specific language pertaining to your digital assets. In addition, many online platforms have terms of service that lay out their own process and requirements for accessing your accounts—making advanced planning critical.
Email
Email accounts often serve as the central hub for personal communications, financial notifications, and account access for a variety of services. Many popular email services also provide access to cloud storage accounts that may hold important documents or information. Securing access to your email account can help ensure that important information is not lost and administrative tasks can be handled smoothly.
If you are a user of Apple or Google services, you can designate a person who will have access to your account in the event of your death. Apple refers to this person as your “Legacy Contact,” while Google uses their “Inactive Account Manager” process. Other email services require a formal court order or other legal documentation before they will grant access to your account; this includes email provided by Yahoo, AOL, or Microsoft Outlook. For these services, the personal representative of your estate will need to consult with an attorney to determine the most efficient process for obtaining access.
Social Media Accounts
In addition to email, it is important to understand how platforms like Facebook, Instagram, and TikTok handle account access after death to ensure that these digital spaces are managed in a way that respects your wishes.
If you use Facebook and Instagram (both owned by Meta), it is possible to name someone as your legacy contact. Both Facebook and Instagram allow your legacy contact to delete your account entirely or convert the account to a “memorialized profile,” which has a variety of features that control the content you posted during your life. Similarly, someone authorized to act on your behalf can close your account or memorialize your profile on LinkedIn.
WhatsApp, the popular messaging service also owned by Meta, does not offer a legacy contact option; in the event of your death, your personal representative will need to contact WhatsApp support. Similarly, TikTok does not offer a legacy contact option.
Next Steps
Taking a few proactive steps now can make managing your digital life much easier for your loved ones. You may want to start by identifying which online services contain important data and communications that you want to secure. For those services, you may wish to name a legacy contact within the account settings (if permitted by the provider). Finally, consult with your estate planning attorney to determine if your estate plan includes provisions that express your intention with regard to your digital assets.
This material is intended for general consumer educational purposes and is not intended to provide legal, tax or investment advice. Always consult your tax advisor for specific tax advice.
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D.A. Davidson & Co. is a registered broker-dealer and registered investment adviser that does not provide tax or legal advice. Information contained herein has been obtained by sources we consider reliable but is not guaranteed and we are not soliciting any action based upon it. Any opinions expressed are based on our interpretation of the data available to us at the time of the original article. These opinions are subject to change at any time without notice. Copyright D.A. Davidson & Co., 2026. All rights reserved. Member FINRA and SIPC.