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Handling digital assets during probate

On Behalf of | Jun 20, 2024 | Trust And Probate Administration

In today’s digital era, understanding how digital assets get managed during the probate process in Florida is crucial. Digital assets can include everything from online accounts to copyrights and trademarks. 

What are digital assets?

Digital assets encompass a wide variety of online and electronic properties, including:

  • Social media accounts
  • Emails
  • Digital photos
  • Videos
  • Online store inventories
  • Domain names

These assets get treated as part of your estate, which means they go through probate along with your physical belongings.

Managing virtual goods

In Florida, digital assets are personal property. The executor of your estate will be responsible for managing these virtual items during the probate process. It’ll require access to your accounts and the necessary digital management tools. 

Intellectual property and estate planning

Intellectual property, such as copyrights, patents, and trademarks, also falls under the umbrella of digital assets. In Florida, these assets can get inherited just like physical property. If you own intellectual property, you want to clearly list it in your estate plan to ensure proper transfer to your heirs.

Navigating the legal landscape

The law requires thorough documentation of digital assets for probate. This includes having a list of all such assets, along with usernames and passwords. Lack of proper documentation can lead to significant challenges in accessing and transferring these assets after one’s death.

Safeguarding your digital legacy

Planning for digital assets is becoming as important as planning for physical assets. The more you prepare in advance, the smoother the transfer of your assets will be to your heirs while also helping avoid legal snags or delays.