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Aug 02, 2026
A digital estate plan in Louisiana should address more than cryptocurrency. It may need to cover email, photographs, cloud storage, social-media profiles, websites, online businesses, financial accounts, subscription services, and devices.
The goal is to help the right person locate and lawfully manage these accounts without unnecessarily exposing your passwords or private information.
Create a Digital-Asset Inventory
Begin with a list of your important digital accounts, including:
- Email and cloud-storage accounts;
- Social-media profiles;
- Online banking and investment accounts;
- Websites, domain names, and online businesses;
- Cryptocurrency wallets and exchanges;
- Digital photographs and creative work; and
- Subscription services with recurring charges.
Record the provider, username, purpose of the account, and where the necessary access information is stored. Do not place passwords, cryptocurrency seed phrases, or private keys directly in your will. A will may eventually become part of a public court record, and access credentials change too frequently.
Decide What Should Happen to Each Account
Not every digital account should receive the same treatment. Decide whether each account should be:
- Transferred to another person;
- Preserved or archived;
- Memorialized;
- Used to continue a business;
- Downloaded before closure; or
- Permanently deleted.
Ownership and access are also different. A person may inherit digital photographs or cryptocurrency without receiving an unlimited right to read every private message in the deceased person’s accounts.
Use the Platform’s Planning Tools
Some companies provide their own legacy-planning features. For example, Apple permits users to select an Apple Account Legacy Contact, while Google’s Inactive Account Manager can share selected data or notify designated people after a period of inactivity.
These settings should be reviewed alongside the estate plan. An old legacy contact or forgotten account instruction can conflict with the person currently named as executor or beneficiary.
Give the Right Person Legal Authority
Louisiana law gives a succession representative substantial authority over a deceased person’s digital accounts. Louisiana Code of Civil Procedure article 3191 authorizes the representative, subject to applicable restrictions, to control, continue, distribute, or terminate digital accounts.
However, legal authority does not automatically tell the representative:
- Which accounts exist;
- Which contain valuable property;
- What should be preserved;
- Where cryptocurrency keys are stored; or
- What the deceased person wanted done with personal content.
A will can appoint the succession representative and provide appropriate digital-asset instructions. A properly drafted Louisiana contract of mandate can also authorize an agent to manage digital property during incapacity.
Protect Cryptocurrency Separately
Cryptocurrency requires additional planning because possession of the correct private key or recovery phrase may be the only practical means of accessing the asset. If that information is lost, a court order may not restore access.
Our article on leaving cryptocurrency to your heirs explains why secure storage and clear recovery instructions are essential.
Tell Your Executor Where to Start
Your executor does not necessarily need every password today. However, the executor should know that a digital inventory exists, where it is stored, and how to access it when necessary.
As with the rest of your estate plan, review the inventory after changing accounts, purchasing digital assets, starting an online business, or selecting a different executor. Our discussion of what your executor should know provides a broader planning checklist.
Field Law Can Help
Field Law can help you incorporate digital accounts, cryptocurrency, online businesses, and appropriate fiduciary authority into your Louisiana estate plan. Contact Field Law to schedule a consultation.
