In the past, an executor's main job was to find the shoebox of papers or the filing cabinet in the home office. Today, a person's life, and a meaningful part of their wealth, often lives behind a screen. Family photos in iCloud. Cryptocurrency in a wallet app. Online business income in a PayPal account. Subscriptions, social media, customer databases, and email all locked behind passwords and two-factor authentication.
If you have been named executor of an estate in North Carolina, you are likely going to run into digital assets. And many families are surprised to find that a standard will, or even Letters Testamentary from the Clerk of Court, is not enough to get past a password prompt or a security code.
What Happens to a Person's Digital Accounts When They Die in North Carolina?
Digital accounts and assets do not automatically pass to family members at death. North Carolina follows the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), found at Chapter 36F of the General Statutes. Under this law, the deceased person's executor (or other authorized fiduciary) generally has the right to access digital assets, but the level of access depends on three things: any preferences the deceased set through the platform's own legacy tools, the language in their will or trust, and the platform's terms of service. Without explicit authorization in the estate planning documents, executors may be denied access to the content of emails, messages, and other private communications.
What Counts as a Digital Asset?
A digital asset is broadly defined as any electronic record in which an individual has a right or interest. For estate administration purposes, these typically fall into three categories:
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Sentimental assets. Personal emails, social media profiles (Facebook, Instagram, LinkedIn), and cloud-stored memories (iCloud, Google Photos, Dropbox).
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Assets with financial value. Cryptocurrencies (Bitcoin, Ethereum), NFTs, monetized YouTube channels, balances in PayPal, Venmo, or other payment apps, and online business income.
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Business and intellectual property. Domain names, Etsy or Amazon seller accounts, digital manuscripts, client databases, and software licenses.
Each category has its own access challenges, and the value can range from modest to substantial. A lost crypto wallet can mean losing tens or hundreds of thousands of dollars. A locked email account can prevent the family from finding bills, business records, or photos.
Three Major Challenges for Executors
1. Privacy and access laws can lock you out. Tech companies are bound by federal privacy laws, including the Stored Communications Act, which generally prohibit them from disclosing the content of private electronic communications without authorization. This means that even with valid Letters Testamentary, an executor may be denied access to the content of emails, messages, or photos if the will does not include specific RUFADAA authorization language.
2. Two-factor authentication can stall access entirely. Even when an executor has authority to access an account, the platform may require a security code sent to the deceased's phone or email. If the phone has been deactivated or the email is also locked, the executor may have no practical way to log in. Keep the deceased's phone active until digital assets are sorted out.
3. Using passwords without authorization carries real risk. It is tempting to simply log in using a password you happen to know. The most common practical risk is violating the platform's terms of service, which can result in the account being terminated and all data lost. There is also a federal Computer Fraud and Abuse Act (CFAA) concern, though prosecution of an executor acting in good faith is rare. Either way, the safer path is to obtain proper legal authority before logging in.
How RUFADAA Works in North Carolina
North Carolina adopted RUFADAA in 2016 (codified at Chapter 36F of the General Statutes). The law creates a three-tier hierarchy that determines who gets access to digital assets after a user's death.
Tier 1: Online Tools (The Top Priority)
If the deceased used a platform's built-in legacy tool, that choice overrides everything else, including the will. Examples include:
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Google's Inactive Account Manager
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Apple's Digital Legacy / Legacy Contact
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Facebook's Legacy Contact
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Microsoft's Next of Kin Process
If the deceased designated someone through one of these tools, that designation controls. The will cannot override it.
Tier 2: Estate Planning Documents
If no online tool was used, the law looks to the deceased's will, trust, or power of attorney. In North Carolina, the will or trust must explicitly grant the fiduciary authority to access the content of electronic communications. Generic executor authority is not enough. Without explicit RUFADAA language, the platform can legally refuse to share the content of emails, messages, and similar private communications.
Tier 3: Terms of Service Agreements
If the first two tiers are silent, the platform's own terms of service apply. Most platforms default to denying access to third parties, which is why proactive planning matters so much.
Two specific NC statute sections are worth knowing:
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N.C. Gen. Stat. § 36F-7. Governs disclosure of the content of electronic communications of a deceased user. Requires explicit authorization in the will or trust.
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N.C. Gen. Stat. § 36F-8. Governs disclosure of other digital assets of a deceased user (the catalogue of communications and non-content data). Easier to access but still requires the executor to provide proper documentation.
Practical Steps for Executors
If you have been appointed as personal representative in North Carolina and the estate includes digital assets, here is a sensible order of operations:
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Do not cancel the phone plan immediately. The smartphone is often the physical key to digital accounts because of two-factor authentication. Keep cellular service active until you have migrated or accessed the accounts you need.
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Look for a password manager. Apps like 1Password, LastPass, Bitwarden, or Dashlane often have all the deceased's logins in one place. If the master password is recoverable through a recovery key or trusted device, this can save months of legal back-and-forth. The will or estate planning documents may also reference where access information is stored.
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Check the platforms' legacy tools first. Before going through court, see whether the deceased designated a Legacy Contact in Apple, a Legacy Contact in Facebook, or set up Google's Inactive Account Manager. If they did, that path is generally faster than RUFADAA litigation.
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Document financial value for the inventory. For cryptocurrency, NFTs, monetized channels, or domain names with resale value, you must report the Fair Market Value as of the date of death on the 90-day inventory required under N.C. Gen. Stat. § 28A-20-1. Use a snapshot from a major exchange (such as Coinbase or Kraken) for crypto values. The bigger challenge is usually locating wallets, especially self-custodial ones.
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Work with your probate attorney on RUFADAA petitions. If a platform refuses access and the will did not include explicit authorization, your attorney can help determine whether a court order is possible and how to file it. Most North Carolina counties now use the eCourts (Odyssey) system for filing estate-related documents. Whether and how RUFADAA petitions are filed depends on the county and the specific platform.
How Our Probate Team Supports You
Probate today involves much more than real estate and bank accounts. While our team does not manage your passwords or handle your social media for you, we provide the legal framework that gives you the authority to act.
Our estate administration team helps with:
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Interpreting RUFADAA authority. Reviewing the will, trust, or power of attorney to determine what level of authority you have over digital records.
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Court petitions. Drafting the specific language required by the Clerk of Superior Court when a platform refuses access and a court order is needed.
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Executor guidance. Advising you on what is allowed and what creates risk under federal privacy law and platform terms of service.
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Inventory and valuation support. Working with you to document digital assets correctly on the three-month inventory, including cryptocurrency and NFTs.
Ready to Talk About the Estate?
If the estate you are administering includes digital assets, online accounts, or cryptocurrency, the right time to bring in a probate team is early, before platforms have terminated accounts or evidence has gone stale.
Call our Cary office at (919) 443-3035 to schedule a case assessment with our probate team. We will discuss the specific situation and how we can help.
Not ready to talk yet? Register for our free webinar, The Executor's Roadmap: How to Settle an Estate Without Stress, Delays, or Costly Mistakes, to learn more about the estate administration process before you call.
Frequently Asked Questions
Can I legally use my deceased spouse's password if I know it?
Probably not, even though it is tempting. Logging into a deceased person's account without proper authorization can violate the platform's terms of service, which can result in the account being terminated and all data lost. There is also a federal Computer Fraud and Abuse Act risk, though prosecution of an executor acting in good faith is rare. The safer path in North Carolina is to be appointed as personal representative and request access through the RUFADAA framework.
What happens to a Facebook or Instagram account after death in North Carolina?
If the deceased designated a Legacy Contact within the app, that person can request memorialization or limited access. If no Legacy Contact was named, the account will likely be memorialized or deleted according to the platform's terms. Under N.C. Gen. Stat. § 36F-8, an executor can request a catalogue of the account's activity (who the user communicated with and when), but generally cannot access the content of private messages without explicit authorization in the will or a court order.
Does the 90-day inventory have to include cryptocurrency and NFTs?
Yes. Cryptocurrencies and NFTs are intangible personal property and must be reported on the 90-day inventory under N.C. Gen. Stat. § 28A-20-1. The Fair Market Value is generally measured as of the date of death, using a snapshot from a major exchange (such as Coinbase or Kraken) for liquid coins. The harder problem is usually locating the wallets, especially self-custodial ones (hardware wallets like Ledger or Trezor) where the deceased held the only keys. If keys or seed phrases cannot be found, those assets may be effectively unrecoverable.
How do I get photos off a locked iPhone if I do not have the passcode?
Apple offers a Digital Legacy program. If the deceased designated a Legacy Contact during their lifetime, that contact can request access to data stored in the Apple ID account (photos, messages, notes, contacts, and similar content) by submitting an access key plus the death certificate. The Legacy Contact program does not transfer purchased media, subscriptions, or licensed content. If no Legacy Contact was set up, the executor may need to apply for a court order under RUFADAA, which is slower and not always successful. Apple support can confirm the current process.
What if the deceased person owned a website or domain name?
Domain names are intangible personal property and become part of the estate. The executor must move quickly to keep the domain registration from expiring during probate, because losing a domain can destroy the value of an associated business. Most domain registrars have specific procedures for transferring ownership at death, typically requiring the death certificate, Letters Testamentary, and identification. Your probate attorney can help confirm the registrar's process.
Does North Carolina's RUFADAA apply to online banking and investment accounts?
Yes, but those accounts are generally easier to access than email or social media. Online banking, brokerage, and retirement accounts are governed by their own regulatory frameworks, and most institutions have established procedures for executors that pre-date RUFADAA. You will typically need Letters Testamentary, the death certificate, and account documentation. RUFADAA mainly matters for accounts where the bigger question is access to the content of communications or files.
Can a power of attorney access digital assets while the principal is still alive?
Yes, if the power of attorney explicitly grants that authority. Under N.C. Gen. Stat. § 36F-9 and § 36F-10, an agent under a power of attorney can request access to digital assets from a custodian, but the level of access (especially to the content of electronic communications) depends on whether the POA expressly grants that authority. Generic POA language is usually not enough. This is one reason it is worth reviewing older POA documents to make sure they include current digital asset authority.
Take the Next Step
If you have been named executor of an estate that includes digital assets, online accounts, or cryptocurrency, our probate team can help you understand your authority and the practical steps to take next.
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Schedule a case assessment with our probate team
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Call our Cary office at (919) 443-3035
If you are reviewing your own estate plan and want to make sure your digital assets are addressed, we help with that too. Contact our office to schedule a Vision Meeting.
