What Happens to Digital Assets in Probate in Illinois?

digital assets

As more aspects of life move online, digital assets have become an increasingly important part of estate planning and probate. In Illinois, digital assets can hold financial, sentimental, or legal value. Yet many estates overlook these assets, leading to confusion and delays during probate. Understanding how Illinois law treats digital assets is essential for executors, heirs, and anyone planning their estate

The estate planning attorneys at Bielski Chapman, Ltd. Know how to handle your digital assets in probate. Work with us to create an estate plan that protects your digital and other assets.

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What Are Digital Assets?

Digital assets include any electronic record or account owned by an individual. Common examples include:

  • Email accounts and messages
  • Social media profiles (e.g., Facebook, Instagram, LinkedIn)
  • Online banking and investment accounts
  • Cryptocurrency wallets and exchanges
  • Cloud storage (e.g., Google Drive, Dropbox)
  • Digital photos, videos, and documents
  • Domain names and websites
  • Online subscription services

Some digital assets have monetary value, while others carry personal or legal significance. 

Illinois Law Governing Digital Assets in Probate

Illinois adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) in 2016. This law governs how fiduciaries such as executors, trustees, or agents under power of attorney can access a decedent’s digital assets.

Under RUFADAA, fiduciaries may access digital assets if:

  • The decedent explicitly authorized access in a will, trust, or power of attorney
  • The custodian (e.g., Google, Apple, Facebook) provides access under its terms of service
  • The fiduciary follows proper legal procedures, including submitting a written request and proof of authority

Without clear authorization, access may be limited to a “catalog” of digital communications (e.g., sender, recipient, timestamp) rather than the content itself.

Steps Executors Should Take to Manage Digital Assets

If you are serving as an executor in Illinois, managing digital assets involves several key steps:

1. Identify Digital Assets

Start by reviewing the decedent’s records for:

  • Account login credentials
  • Password managers or recovery tools
  • Email addresses linked to financial or personal accounts

2. Review the Will or Estate Plan

Determine whether the decedent granted specific authority to access digital assets. If the will or trust includes language authorizing access under RUFADAA, you may be able to request full account information from custodians.

3. Contact Digital Custodians

Submit formal requests to service providers, including:

  • A copy of the death certificate
  • Letters of office or other proof of fiduciary authority
  • Any written authorization from the decedent

Custodians may have their own procedures and limitations. Some platforms allow users to designate legacy contacts or set preferences for account deletion or memorialization.

4. Secure and Preserve Valuable Assets

Digital assets with financial value such as cryptocurrency, online business accounts, or monetized content should be secured immediately. Failure to act quickly may result in lost access or diminished value.

5. Comply with Privacy and Security Laws

Executors must avoid unauthorized access to digital accounts. Illinois law and federal statutes such as the Computer Fraud and Abuse Act (CFAA) prohibit hacking or bypassing security measures. Always follow legal procedures and obtain proper consent or court orders when needed.

Estate Planning Tips for Digital Assets in Illinois

lawyer is putting stamp n the document

To avoid probate complications, individuals should:

  • Create a digital asset inventory listing all accounts, devices, and access credentials
  • Include explicit authorization in estate planning documents under RUFADAA
  • Use password managers or secure storage to share access with trusted individuals
  • Designate legacy contacts where platforms allow (e.g., Facebook, Google)
  • Regularly update digital asset records and instructions

Proper planning ensures that digital assets are preserved, accessed legally, and distributed according to the decedent’s wishes.

Don’t Overlook Digital Assets in Illinois Probate

Digital assets are now a core part of modern estates. In Illinois, managing these assets during probate requires compliance with RUFADAA, careful documentation, and proactive planning. Executors should act quickly to identify and secure digital property, while individuals should update their estate plans to reflect their online presence. 

Let the experienced estate planning attorneys at Bielski Chapman, Ltd. help you manage Illinois probate law and protect your digital assets. Contact us today for a free consultation.