Florida’s New “Digital Assets After Death” Law: What Families Need to Know in 2025
Twenty years ago, estate planning meant passing on homes, bank accounts, and personal belongings. Today, many Floridians own more online assets than physical ones. From cloud photo storage to cryptocurrency, email accounts to PayPal wallets — our lives are increasingly digital.
Recognizing this shift, Florida enacted new updates in 2025 to the Fiduciary Access to Digital Assets Act, expanding how families can access, manage, or close a loved one’s digital property after death.
For families navigating probate, or anyone planning ahead, understanding these rules is essential. At McGuire Law Offices, we help families protect digital legacies with comprehensive estate planning strategies.
What Counts as a “Digital Asset”?
Under Florida law, digital assets include:
- Email accounts
- Social media accounts
- Online photos and cloud storage
- Online banking & payment apps
- Cryptocurrency wallets (Bitcoin, Ethereum, etc.)
- NFT collections
- Online business accounts (Shopify, Etsy, etc.)
- Subscription accounts (Apple, Google, Microsoft)
- Phone backups & digital messages
If it exists online, the law treats it as property — but accessing it legally can be complicated.
What Changed in 2025?
1. Expanded Access for Personal Representatives
Florida now allows PRs (executors) more direct access to:
- communications content
- account logs
- payment histories
- cloud-stored data
- This reduces the time families spend fighting tech companies for access.
2. Clearer Rules About “Digital Death Directives”
A digital directive can now:
- designate which accounts should be deleted
- name a digital executor
- transfer cryptocurrency
- authorize access to online businesses
3. New Penalties for Unauthorized Access
The law now penalizes family or friends who access accounts without legal authorization — even with good intentions.
Why This Matters in Probate
- Cryptocurrency can be lost forever
If a PR cannot access private keys, digital coins vanish permanently — sometimes worth thousands.
- Social media accounts can become targets for identity theft
- Online businesses cannot operate without access
- Loved ones may want access to photos, messages, and files
Digital property is often more emotionally valuable than physical property.
How to Protect Your Digital Legacy Today
1. Create a digital asset inventory
List what you own online, including where it is stored.
2. Name a digital executor
Someone tech-savvy who can manage your online life.
3. Include digital access instructions in your will or trust
Otherwise, your loved ones will be at the mercy of tech company policies.
4. Store cryptocurrency keys securely
A PR cannot access assets without them.
5. Update your estate plan every 2–3 years
The digital world isn’t going away — and Florida law now recognizes that your online life deserves legal protection. Whether you’re planning ahead or currently handling a loved one’s estate, proper guidance is essential.
Call McGuire Law Offices at 727-446-7659 or visit our Estate Planning page to secure your digital legacy with confidence.