When someone passes away today, their estate almost certainly includes digital assets—email accounts, social media profiles, online banking, cryptocurrency, cloud-stored photos, and dozens of other accounts accumulated over a lifetime of internet use. For families in Macomb County and throughout Southeast Michigan, managing these digital assets during probate presents challenges that did not exist a generation ago.
The problem is not just finding passwords. Even with login credentials in hand, personal representatives and trustees may lack the legal authority to access certain accounts. Platform terms of service, federal privacy laws, and Michigan’s own digital asset statutes create a complex framework that determines what fiduciaries can and cannot do.
Michigan has addressed these challenges through the Fiduciary Access to Digital Assets Act, which provides a structured process for accessing digital assets during estate administration. Understanding this law—and planning for digital assets before death—can prevent significant complications for your family.
This guide explains what digital assets are under Michigan law, how personal representatives in Macomb County and Southeast Michigan can legally access them during probate, and what families should do now to ensure their digital lives do not become a burden for those they leave behind.
What Are Digital Assets Under Michigan Law?
Michigan’s Fiduciary Access to Digital Assets Act (FADAA), codified at MCL 700.1001 et seq., defines digital assets broadly. A digital asset is an electronic record in which an individual has a right or interest. This includes virtually anything stored or accessed electronically.
Financial Digital Assets
Online banking and brokerage accounts, payment apps like Venmo and PayPal, cryptocurrency exchange accounts and wallets, retirement account portals, and online bill pay systems all fall within this category. These assets often have significant monetary value and must be identified, secured, and properly administered during probate.
Personal Digital Assets
Email accounts, social media profiles on platforms like Facebook, Instagram, and LinkedIn, photo and video storage services, personal blogs and websites, and cloud storage accounts containing documents, music, or other files are personal digital assets. While they may have limited financial value, they often hold tremendous sentimental importance and may contain information needed to administer other parts of the estate.
Access Tools and Credentials
Password managers, two-factor authentication apps, security keys, and the devices themselves—phones, computers, and tablets—are critical access tools. Without them, even assets you know exist may be impossible to reach.
Business-Related Digital Assets
For Southeast Michigan residents who owned businesses, digital assets may include online merchant platforms, web domain registrations, business email accounts, customer databases, SaaS subscriptions, and cloud-based business files. These assets may need to be transferred to successors, sold, or properly closed.
Michigan’s Fiduciary Access to Digital Assets Act
Michigan enacted FADAA based on the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), creating a structured framework for fiduciary access to digital assets. Understanding this framework is essential for personal representatives, trustees, and families.
Who Does FADAA Apply To?
The Act applies to personal representatives appointed under wills, agents acting under powers of attorney, conservators, trustees, and digital custodians (online platforms and service providers) when the user resided in Michigan.
The Three-Tier Priority System
FADAA establishes a priority system that determines who controls access to digital assets:
- Tier 1 – Online Tools: If a platform offers a tool for users to designate what happens to their account at death—such as Google’s Inactive Account Manager or Facebook’s Legacy Contact—the user’s choices through that tool take priority over conflicting instructions in a will or trust.
- Tier 2 – Estate Planning Documents: If no online tool exists or the user did not use one, explicit authority granted in a will, trust, or power of attorney controls. This is where proper estate planning becomes critical.
- Tier 3 – Terms of Service: If neither an online tool nor estate planning documents address the issue, the platform’s default terms of service and limited FADAA access provisions apply.
Access vs. Content
FADAA distinguishes between catalog information—such as a list of emails or login history—and the actual content of electronic communications. A fiduciary may be able to obtain basic account information without explicit authorization, but accessing the content of emails, direct messages, or other communications typically requires explicit consent in the decedent’s estate planning documents.
Including Digital Assets in Your Estate Plan
The most important thing Southeast Michigan families can do is plan for digital assets before death. Without proper planning, your personal representative may face significant obstacles—or be completely locked out of important accounts.
Grant Explicit Authority in Your Documents
Your will, revocable living trust, durable power of attorney, or another document should include specific language authorizing your fiduciary to access, manage, and close digital accounts. Under FADAA, this authorization should explicitly include access to the content of electronic communications if you want your fiduciary to have full access.
Generic language may not be sufficient. Work with an estate planning attorney to ensure your documents contain the specific provisions needed under Michigan law.
Use Platform Online Tools
Many major platforms now offer tools that let you designate what happens to your account after death. Google’s Inactive Account Manager lets you choose trusted contacts who can access your data or request account deletion. Facebook’s Legacy Contact can manage your memorialized profile. Apple’s Digital Legacy program allows designated contacts to access your iCloud data.
Using these tools does not replace proper estate planning—but it provides an additional layer of protection and may simplify administration for common accounts.
Maintain a Digital Asset Inventory
Create and maintain a secure inventory of your digital assets. This inventory should include account names and URLs, usernames, general categories of what each account contains, and instructions for how your fiduciary can access credentials.
Do not include actual passwords in your will, which becomes a public document when filed with the probate court. Instead, use a password manager and ensure your fiduciary knows how to access it, or store credentials in a secure location referenced in your planning documents.
Cryptocurrency Requires Special Attention
Cryptocurrency presents unique challenges because it exists only as entries on a blockchain, controlled by private keys or seed phrases. If these keys are lost, the cryptocurrency is permanently inaccessible—no court order can recover it.
If you own cryptocurrency, document where your holdings are stored (exchange accounts, hardware wallets, software wallets), ensure private keys and seed phrases are securely stored but accessible to your fiduciary, and include explicit instructions in your estate plan for how to access and transfer these assets.
Administering Digital Assets in Macomb County Probate
Personal representatives appointed by the Macomb County Probate Court, located at 40 North Main Street, 5th Floor, Mt. Clemens, MI 48043, must identify, inventory, and value digital assets just like any other estate property.
Secure Devices Promptly
After a death, gather the decedent’s phones, computers, tablets, and any hardware wallets as quickly as possible. Secure these devices physically, but do not attempt to bypass security measures or guess passwords in ways that could violate platform terms of service or computer access laws.
Review Estate Planning Documents
Before contacting any platform or attempting to access accounts, review the decedent’s will, trust, and power of attorney to confirm whether digital asset authority was explicitly granted. If the documents are silent or ambiguous, consult with a probate attorney before proceeding.
Use Official Letters of Authority
When requesting access from digital custodians, provide official letters of authority issued by Macomb County Probate Court along with a certified copy of the death certificate, the relevant estate planning documents, and any platform-specific forms the custodian requires.
Major platforms have established procedures for handling deceased users’ accounts. These procedures vary significantly—some platforms are cooperative while others are restrictive—but all require proper legal documentation.
When Disputes Arise
Under MCL 700.1010, interested persons may petition the probate court to limit, eliminate, or modify a personal representative’s powers over digital assets. If there is disagreement among family members about what a fiduciary should access, or if a platform refuses to honor a legitimate request, Macomb County Probate Court can resolve the dispute.
Cryptocurrency in Michigan Estates
Cryptocurrency is treated as property under Michigan law and must be disclosed, valued, and distributed as part of the estate. However, its unique characteristics create special challenges.
Locating Cryptocurrency
The decedent may have held cryptocurrency on centralized exchanges like Coinbase or Kraken, in software wallets on their phone or computer, in hardware wallets like Ledger or Trezor, or in other custodial or non-custodial arrangements. Check email accounts for exchange confirmations, review bank statements for purchases, and search devices for wallet applications.
Accessing Exchange Accounts
Centralized exchanges typically have procedures for transferring accounts after death. You will need letters of authority, death certificates, and compliance with the exchange’s specific requirements. Processing times vary, and some exchanges are more responsive than others.
Recovering Non-Custodial Wallets
If the decedent held cryptocurrency in a non-custodial wallet, you will need the private keys or seed phrases to access the funds. Without them, the cryptocurrency is lost forever. No court order, legal authority, or technical expertise can recover cryptocurrency if the keys do not exist.
Tax Implications
Cryptocurrency in an estate may receive a stepped-up basis at death under federal tax law, potentially eliminating capital gains on appreciation during the decedent’s lifetime. However, any subsequent sale or exchange is a taxable event. Personal representatives should work with tax professionals when administering cryptocurrency assets.
Security Best Practices for Southeast Michigan Families
Balancing security during life with accessibility after death requires thoughtful planning.
Use a Password Manager
A password manager stores all your credentials in one encrypted location, accessible with a single master password. This is far more secure than browser-saved passwords or written lists, and it makes it possible for your fiduciary to access everything they need with one key.
Ensure your estate plan addresses how your fiduciary will obtain the master password or access the password manager after your death.
Document Multi-Factor Authentication
Many accounts use multi-factor authentication for security. If your fiduciary cannot access your phone or authentication app, they may be locked out even with correct passwords. Document backup codes, keep trusted devices accessible, or use authentication methods that can be transferred.
Keep Your Inventory Updated
Digital assets change constantly. Review and update your inventory at least annually, adding new accounts and removing those you have closed. An outdated inventory can be worse than none at all if it sends your fiduciary chasing accounts that no longer exist.
Never Put Passwords in Your Will
Your will becomes a public document when filed with the probate court. Never include actual passwords, private keys, or seed phrases in your will. Reference a separate, secure location for this information instead.
Frequently Asked Questions About Digital Assets in Michigan Probate
How does Michigan law treat digital assets in probate?
Michigan’s Fiduciary Access to Digital Assets Act, codified at MCL 700.1001 – MCL 700.1018, provides a structured framework for fiduciary access to digital assets. The Act applies to personal representatives, trustees, agents under powers of attorney, and conservators. Probate courts, including Macomb County Probate Court, can resolve disputes about fiduciary powers over digital assets and order access where appropriate under the law.
What happens to my cryptocurrency when I die?
Cryptocurrency is treated as property under Michigan law and must be inventoried, valued, and distributed as part of your estate. However, if your private keys or seed phrases are lost, your cryptocurrency may be permanently inaccessible regardless of what your will says. Proper planning—including secure storage of keys and explicit instructions for your fiduciary—is essential to ensure your cryptocurrency passes to your beneficiaries.
Can my executor in Macomb County access my email and social media?
It depends on whether you granted explicit authority. Under FADAA, access to the content of electronic communications—such as the body of emails or direct messages—typically requires explicit consent in your estate planning documents. Without that consent, your executor may only be able to access catalog information like a list of contacts or login history. Platform-specific online tools and terms of service also affect what access is available.
Do I need a separate “digital will” for my online accounts?
Most people do not need a separate digital will. Instead, integrate digital asset provisions into your main will, trust, and power of attorney, and supplement with a secure inventory of accounts and credentials. Use platform online tools where available. The key is ensuring your estate planning documents contain explicit authorization under Michigan’s FADAA and that your fiduciary knows where to find access information.
What if a platform refuses to give my Michigan executor access?
Your executor should provide the platform with required FADAA documentation, including letters of authority from the probate court, a death certificate, and relevant estate planning documents. If the platform still refuses and you believe access should be granted, your executor may petition Macomb County Probate Court for an order regarding access. However, some content may remain inaccessible if the decedent did not grant proper consent or if federal privacy laws limit disclosure.
Plan Now to Protect Your Digital Legacy
Digital assets are now a standard part of every estate, but most estate plans do not adequately address them. Without proper planning, your family may face frustrating obstacles, permanent loss of valuable or sentimental assets, and unnecessary complications during an already difficult time.
At Boroja, Bernier & Associates, our estate planning attorneys help Southeast Michigan families create comprehensive plans that address digital assets alongside traditional property. We ensure your wills, trusts, and powers of attorney contain the specific language needed under Michigan’s Fiduciary Access to Digital Assets Act, and we help you develop practical systems for organizing and securing your digital life. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we serve families in Macomb County and throughout the region.
To schedule a consultation with the Michigan estate planning attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. We will help you create a plan that protects both your traditional and digital assets for the people you love.
