When a loved one passes away in Manhattan, families often expect to deal with a co-op, a brokerage account, maybe a safe deposit box. What surprises them is everything that now lives online: photos in the cloud, cryptocurrency, loyalty points, a small Etsy shop, an email account that holds the keys to everything else. Sorting through this digital life can feel overwhelming on top of grief. With a little understanding of New York law, it does not have to be.
What Counts as a Digital Asset?
Digital assets include email and social media accounts, photos and documents stored in the cloud, online banking and investment logins, cryptocurrency and NFTs, domain names, and even revenue-generating accounts like a freelance profile. Some of these have real financial value; others hold priceless sentimental value that a family in a quiet Upper West Side apartment may treasure far more than money.
How New York Treats Digital Assets After Death
New York has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, found in Article 13-A of the Estates, Powers and Trusts Law (EPTL). It gives an executor or administrator appointed by the New York County Surrogate’s Court the legal authority to access certain digital assets. The catch is that an online provider’s terms of service and any choices the deceased made through an “online tool” (like a legacy contact) generally come first. Without planning, a fiduciary may get records but not the actual content of communications.
What Goes Through Probate, What Doesn’t
Like other property, digital assets owned solely by the deceased typically pass through the estate. A cryptocurrency wallet held in one person’s name is an estate asset reachable in probate under the SCPA. By contrast, accounts that name a beneficiary or use a provider’s legacy-contact feature may transfer outside of court. Identifying which is which early saves a Manhattan family weeks of back-and-forth with customer service departments.
Planning Ahead So Your Family Isn’t Locked Out
The most loving thing you can do is make access easy. Consider these steps:
- Authorize digital access in your will (EPTL §3-2.1 sets the execution rules) and in a durable power of attorney under General Obligations Law §5-1513, which can specifically grant authority over digital assets.
- Use built-in legacy tools where platforms offer them.
- Keep a secure, current inventory of accounts, stored with a trusted person or an attorney, never the passwords themselves in an unsecured note.
- For valuable crypto, document where keys are held so a family member is not searching a Tribeca apartment for a hardware wallet.
When Disputes Arise
Digital assets can spark the same family tension as any inheritance, especially when a sentimental photo archive or a profitable account is involved. A clearly drafted will and lifetime planning documents reduce the chance that loved ones end up in front of the Surrogate’s Court over who controls an old account.
A Reassuring Word
You do not have to map every login today. The goal is simply that, when the time comes, your family in Manhattan can grieve without fighting a maze of passwords. Thoughtful planning turns a confusing technical problem into a quiet, manageable one.
Consult a New York attorney. Digital-asset rules intersect with provider agreements and the SCPA in ways that change quickly. A New York estate attorney familiar with the New York County Surrogate’s Court can tailor your will, power of attorney, and digital plan to your family’s needs. This article is general information, not legal advice.