What Counts as a Digital Asset in Georgia
A digital asset is anything you open with a username and password instead of a key. Under Georgia law, that covers a lot more than your Facebook page.
- Email accounts, like Gmail, Outlook, or Yahoo
- Cloud storage and photos, like iCloud, Google Photos, or Dropbox
- Money and payment accounts, like online banking, PayPal, Venmo, or a cryptocurrency wallet
- Social media and business pages, like Facebook, Instagram, or a company’s ad account
- Subscriptions and websites, like streaming services or a personal or business domain name
If it requires a login, Georgia treats it the same legal way it treats your car or your bank account. Someone has to have the legal right to manage it after you are gone. If you are not sure whether a will or a trust is the better place to grant that authority, see our guide on the difference between a will and a trust in Georgia.
How Georgia’s Digital Assets Law Works
Georgia adopted the Revised Uniform Fiduciary Access to Digital Assets Act in 2018. The main rule is written in O.C.G.A. § 53-13-30, and it gives your executor, trustee, or agent the same legal duties over your digital accounts that they already have over your physical property.
The law sets a clear order of who wins. If a company gives you a tool to name someone in advance, like Facebook’s Legacy Contact or Google’s Inactive Account Manager, that choice overrides anything written in your will.
If you never set one of those tools, your will or trust becomes the next source of authority. If neither exists, the company’s own terms of service take over, and most terms of service say almost nothing helpful to a grieving family.
To actually use this authority, your fiduciary usually has to send the company a written request with a certified death certificate and proof of their legal authority, such as letters testamentary from the probate court.
Why a Password List Is Not Enough
A lot of people think writing down every password solves this problem. It does not, mainly because most companies make it a violation of their terms of service for anyone but you to log in, even with the correct password.
A password list also goes out of date fast. A routine security update, a new phone number, or two-factor authentication can lock out anyone who does not have real legal standing with the company.
The list still helps. It saves your executor time once they already have the legal right to act. It just cannot replace that legal right on its own.
How to Give Your Executor Legal Access
Georgia law gives your fiduciary the right to step in, but only once your own documents actually say so. These four steps close that gap.
1
Name digital asset authority in your will or trust
Add language that specifically authorizes your executor or trustee to access, manage, and close your digital accounts under O.C.G.A. § 53-13-30. General “all my property” language is often not specific enough for a company to act on.
2
Set each platform’s own legacy tool first
Turn on Facebook’s Legacy Contact, Google’s Inactive Account Manager, and Apple’s Legacy Contact. These override your will under Georgia law, so they should name the same person you actually want in charge.
3
Keep a private, current account list
Your will becomes a public court record during probate, so it is not the place to write down passwords. Keep a separate, updated list of accounts with your estate planning documents or in a password manager’s emergency access feature.
What Happens to Specific Types of Accounts
Email and Cloud Photos
Google and Apple will usually let a verified fiduciary close an account or request specific files, like photos, but they will not hand over full inbox access without a court order in most cases.
Social Media
Facebook and Instagram will memorialize or delete an account for a verified family member, but they will not give anyone login access unless that person was named as the Legacy Contact ahead of time.
Cryptocurrency
Crypto is the highest-risk category here. If nobody besides you knows the private key or seed phrase, the funds are gone permanently, since no court order can recover them.
A Small Business’s Accounts
A business’s website, ad accounts, and social pages can go dark within days if nobody else has admin access. That can cut off revenue and customer contact while the estate is still being sorted out. A financial power of attorney can also cover this while you are alive but unable to manage the business yourself due to illness or injury.
Common Mistakes That Lock Families Out
- Assuming a password list is legally enough on its own
- Never setting a Legacy Contact on Facebook, Google, or Apple accounts
- Leaving digital assets out of the will or trust entirely
- Storing the only password list inside a locked account, like a password manager only you can open
Each of these mistakes is fixable in a single afternoon. The hard part is usually just knowing that Georgia has a specific law for this, and that your estate plan has to name it directly. If your will already exists but never mentions digital accounts, you do not need to start over. See how to amend a will in Georgia with a codicil to add this language. For a full overview of how the pieces fit together, see our Estate Planning guide.
