
Marc J. Comer
Partner
848-482-8585 mcomer@sh-law.comFirm Insights
Author: Marc J. Comer
Date: June 30, 2026

Partner
848-482-8585 mcomer@sh-law.com
As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity or death.
If you haven’t updated your estate planning documents in the last decade, they likely don’t address digital assets.
For New Jersey residents, the legal framework governing access to digital assets is shaped by the state’s adoption of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). Understanding how this law operates—and how to plan effectively around it—is essential to ensuring your digital legacy is properly managed.
Under modern estate planning law, a “digital asset” broadly includes any electronic record in which an individual has a right or interest. This can include:
Failing to account for digital property can create legal, financial, and emotional complications for both loved ones and fiduciaries. Many digital assets are protected by layers of encryption and password protection. Unlike traditional bank accounts, there is often no centralized recovery mechanism if access credentials are lost. This is especially critical for:
Even when a fiduciary is properly appointed, accessing digital assets is not straightforward. Custodians (such as email or social media companies) are legally bound to protect user privacy and may therefore refuse access without explicit user consent. Accordingly, custodians often require formal legal documentation or a court order, which can lead to delays in estate administration, increased legal fees, and frustration for executors trying to fulfill their duties.
Access to business-related digital holdings is particularly critical. Key assets may include: client records stored in cloud platforms; business email accounts; intellectual property or proprietary data; and revenue-generating websites or online storefronts. If no one can access these systems, operations can be significantly impacted. A well-structured estate plan can ensure continuity by granting authorized individuals timely access to essential digital tools and information.
Finally, not all digital assets are financial. Many hold immense emotional value, such as family photos stored in the cloud, videos and personal recordings, and social media accounts documenting years of life events. Without a plan in place, families may be unable to access and preserve meaningful content.
New Jersey enacted its version of the RUFADAA in 2017. The law grants fiduciaries—executors, trustees, and agents—legal authority to manage a decedent’s or principal’s digital assets, including email, social media, and online financial accounts.
RUFADAA establishes a three-tiered system to determine fiduciary authority:
Being proactive ensures that digital assets remain accessible to loved ones while protecting privacy and security. Below are some key considerations and practical tips for establishing a digital estate plan:
Given the complexities of digital estate planning, working with an experienced estate planning attorney is strongly encouraged. The attorneys of Scarinci Hollenbeck’s Tax and Trusts & Estates practice can provide the crucial guidance needed to devise an effective digital estate plan, update existing estate planning documents, and help tailor an overall estate planning strategy that aligns with your unique needs.
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