Here’s the real scoop on what an executor can actually get under New York digital assets law—and where companies can push back. Executors are allowed to obtain non‑communication stuff like photos, calendars, and contact lists (as long as they’ve got the right paperwork). But when it comes to the actual content of private messages or emails, that’s usually locked down unless there’s a clear post‑death directive or a court order in hand.
This post tries to untangle how state rules, service-provider tools, and court procedures all crash together—so you can handle digital estate chores without losing your mind. If you’re facing probate steps with digital accounts in the mix, you might want to reach out to Long Island probate attorneys for some backup.
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Executor Rights and Company Limitations Under New York Digital Assets Law
Executors (and other fiduciaries) can request certain types of electronic records and get control over non-communication assets. Service providers can say no to requests for the actual content of private communications, but usually have to cough up inventories or non-content files if the law says so.
What Executors and Fiduciaries Can Request
Under New York’s Administration of Digital Assets law (Article 13-A), a personal rep can ask custodians for: (1) a catalogue of electronic communications (think sender/recipient, addresses, time stamps); (2) non-communication files—photos, calendars, contact lists, domain registrations, and some financial records; and (3) info that ties an account to the decedent. If the decedent left a post-death instruction in an online tool or in their estate docs that clearly allows disclosure, the fiduciary can show that and ask for broader access in line with the directive. Crypto wallets and domain names count as digital property. Usually, the company will want proof that those assets are part of the estate and letters showing the fiduciary is legit. Expect to be asked for a death certificate and certified letters of appointment, too.
Limits Companies May Lawfully Refuse
Companies can refuse to hand over the contents of private electronic communications unless the decedent gave explicit permission in an online tool or estate document—or there’s a court order that says it’s reasonably necessary for estate stuff. Providers can keep content private to stay in line with federal privacy laws and their own terms of service. They’re allowed to charge reasonable admin fees and will want proof of identity and that you’re dealing with the right account. For communications, they’ll usually only give you catalogue data unless you get a court order. And if the decedent set up a directive through the service’s online tool, providers can deny requests that go against that—even if a will or trust says otherwise.
Impact of Terms of Service and Online Tools
If there’s an online tool or account setting (like a legacy contact or inactive-account manager) that clashes with a will, trust, or state law power, the online tool wins. If there’s no online directive, the regular terms of service rule the day—and those often mean you’ll need a court order to get anything. Courts try to balance the fiduciary’s needs against the decedent’s privacy if a company pushes back. So, estate planners really ought to spell out account directives, list custodians and account details, and jot down any private-wallet recovery info to keep things smoother for whoever’s handling the estate.
Practical Steps for Executors and Families in Digital Estate Planning
Executors and families should make a list of accounts, give clear authority, and keep credentials safe—while balancing privacy and New York law. The next bits lay out how to pull together an inventory, name the right people, and avoid security or legal headaches.
Creating a Digital Asset Inventory
Start by listing every account and digital asset: platform name, URL, username, and a quick note about what it’s worth or how you get in. Don’t forget financial accounts (online banking, PayPal, Venmo, Stripe), marketplaces (eBay, Amazon stores), money-makers (YouTube, Patreon, Substack, blogs), social media (Facebook, Instagram, LinkedIn, TikTok), and cloud storage (Google Drive, iCloud, Dropbox). Add crypto wallets and tokens (Bitcoin, Ethereum, NFTs), plus where they’re kept and how—just don’t put seed phrases or private keys in the same document. That’s asking for trouble.
Include rewards and memberships: airline miles, hotel points, credit card rewards—write down account numbers and any info on how beneficiaries can claim them. Keep the inventory in a password manager or a locked safe, and note where the master password or key is stored. Update it once a year or whenever you make big changes.
Designating a Digital Executor or Trustee
Pick someone (or an institution) in your will, trust, or power of attorney and spell out that they’re allowed to access digital accounts under New York’s rules. Make it clear they can manage, transfer, or close accounts, handle any money coming in from platforms or online shops, and collect payments. If you’re using a revocable living trust, drop in RUFADAA-style language so the trustee can act without a separate court order.
Think about naming a backup fiduciary and leaving instructions for keeping online businesses (Etsy, Amazon stores, blogs) running if needed. If your crypto has multisig requirements, write down how that works and who the co-signers are. Use legacy contacts for platforms that offer them, and if there are accounts for minors, name guardians or admins for those, too.
Privacy, Security, and Legal Considerations
Honestly, you should never put passwords or private keys right into probate documents—just don’t do it. Instead, lean on a password manager, split-key custody, or maybe a multi-sig wallet, and then lay out the access steps for the fiduciary in a separate, secure memo. For two-factor authentication, jot down which devices are involved and how to recover them; don’t forget to mention how to get a certified copy of the death certificate and any notarizations that might pop up, since some platforms can get picky about that stuff.
Heads up: plenty of companies (and especially those foreign exchanges) might flat-out deny access unless there’s a legal process, and if servers are outside the U.S., you could be dealing with a whole new set of local rules. Keep things confidential where it matters and only share details with folks actually serving a fiduciary role for New York digital assets. If trustees are going to monetize or transfer IP, it’s smart to spell out any licensing steps and give tax reporting contacts—otherwise, you’re just inviting delays or compliance headaches.
