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Have you ever wondered what will happen to your online photo albums, social media accounts, and even the files on your computers and other devices when you die one day? The Minnesota probate laws and the probate laws in many other states may require them to go through the probate process. Consider appointing a digital executor to oversee them.
But first, make sure you know what a digital executor is, which part they’ll play during the probate process, and who you should choose for this role. Find out more about digital executors below.
What Is a Digital Executor?
A digital executor is someone appointed to manage all of a person’s digital assets in the aftermath of their death. They are responsible for accessing these accounts following a person’s passing and maintaining them per their final wishes.
Many Americans have started to develop digital estate plans in addition to traditional ones. In them, they highlight what they would like their digital executors to do with:
- The photos stored in online photo albums
- Accounts on social media platforms like Facebook, X (formerly known as Twitter), Instagram, TikTok, and others
- Received and sent personal emails
- Digital files stored on computers and other devices
- Cryptocurrency and digital wallets
Digital executors are expected to treat digital assets like traditional assets, including cash, vehicles, homes, and more. They must check the probate laws in their states and ensure that digital assets are either distributed legally or dealt with according to their loved ones’ last wishes.
What Does a Digital Executor Do?
Initially, it may not seem as though digital executors have as many responsibilities as traditional executors. However, they will still have their fair share of work to do after their loved ones die.
First, digital executors are in charge of carrying out digital asset inventory. They must track down all the digital assets their loved ones own, which is often a more detailed process than they might realize.
Thankfully, many online photo album websites, social media platforms, email providers, and other technology companies have begun implementing privacy policies and authorization regulations. They enable people to automatically provide digital executors with access to their digital assets in the event of their deaths.
But, locating digital assets is only half the battle for digital executors. They also must tackle these tasks:
- Removing digital assets from the internet
- Closing down accounts that contain digital assets
- Transferring digital assets from a loved one’s account to an account overseen by their estate
In some instances, people will even request that digital executors continue to run their online accounts. Social media account management is becoming a common request among those who include digital assets in their wills.
Who Should You Choose To Be Your Digital Executor?
Appointing a digital executor in this day and age is a great idea. The majority of Americans own at least a few digital assets, even if they only consist of personal emails they’ve accumulated over the years.
The last thing you want is for old emails, photos, or social media accounts to fall into the wrong hands after your death. You can avoid this by appointing a digital executor when you create your will.
Your digital executor should be someone you trust to do the right thing with your digital assets. They should also be someone with the following characteristics:
- Organized (you might be amazed to see how many digital assets you have — and keeping them in good order won’t be easy)
- Determined (accessing digital assets can sometimes call for a digital executor to be extra diligent)
- Strong-willed (disputes over your digital assets could take place, so they need to be ready to put their foot down when necessary)
Typically, people select their immediate family members to serve as digital executors. If possible, you should take this approach to picking out a digital executor for your estate.
Can a Traditional Executor Also Be a Digital Executor?
Here’s some good news: The digital executor you appoint for your estate does not have to be a different person than the traditional executor you appoint. You can have the same person play both roles during the probate process.
You may, however, want to consider appointing a digital executor as well as a traditional executor. Here are a few reasons why:
- Lightens the load you’ll put on a traditional executor’s shoulders
- Turns the execution of your will into a more collaborative effort
- Prevents delays from popping up during the probate process
You’re welcome to make the traditional executor of your estate the digital executor. But if you can avoid doing this, finding two different people to step into each of these roles could make more sense. If nothing else, the legal matters associated with executing your will become more manageable overall when divided in this way.
Appoint a Digital Executor for Your Estate Today
If you haven’t appointed a digital executor for your estate yet, now is a fantastic time to do it. You should also take inventory of your digital assets and add as many as possible to your will. This will guarantee your digital executor knows how to handle them accordingly.
Rockpoint Probate Funding is here to help families going through the probate process. We can provide the probate loans they need to make the process more seamless.
Contact us at (888) 263-8588 for more information, or read through our other blog articles, like this one on the timeline to file probate documents.
