Today, almost everyone has a digital footprint—from online banking to social media profiles. When a loved one passes away, handling these digital assets can be a challenging but essential part of probate. The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), adopted in California, offers a way for executors to manage these assets responsibly. Here’s how Kern County families can use RUFADAA to simplify this process.
What Are Digital Assets?
Digital assets are things like:
- Cryptocurrency or PayPal accounts
- Online banking and retirement accounts
- Email, cloud storage, and digital photos
- Social media accounts like Facebook or Instagram
In many cases, these assets have both monetary and sentimental value.
How RUFADAA Helps
RUFADAA gives legal permission to executors (the person handling the estate) to access digital assets, but only if the deceased allowed it in their estate plan or through online account tools. This ensures that families can handle digital property while protecting the deceased’s privacy.
Steps for Executors in Kern County
- Find Digital Assets:
Look through the deceased’s computer, smartphone, or email for accounts. Common places to check include:- Financial apps (like PayPal, Venmo, or CashApp)
- Medical portals (for unpaid bills or insurance claims)
- Cloud storage for family photos
- Check Estate Documents:
Did your loved one leave a will or power of attorney? Look for language that allows access to digital assets. Without this, you may need a court order. - Secure Accounts:
After locating accounts, act quickly to prevent fraud. Contact service providers to notify them of the account holder’s death and follow their process for executor access. - Follow Probate Law:
Kern County executors must follow California probate rules when handling these assets. A probate attorney can help you avoid mistakes.
Challenges You Might Face
- Forgotten Passwords: If the deceased didn’t leave passwords, you’ll need their death certificate and proof of executor status to request access.
- Privacy Laws: Some companies, like email providers, are reluctant to release information. Having a court order or an estate plan with clear digital permissions helps.
- Valuing Assets: Cryptocurrency and digital collectibles like NFTs can be tricky to value. Consider hiring an appraiser.
How to Prepare for the Future
For those in Kern County who want to make things easier for their family:
- Create a list of your digital accounts and passwords. Keep it in a safe place.
- Include digital asset instructions in your will or trust.
- Use tools like Google’s “Inactive Account Manager” to name someone who can access your accounts.
Need Help? Local Resources for Kern County Residents
Whether you’re managing a loved one’s estate or planning your own, local probate attorneys are a valuable resource. They can guide you through the complexities of RUFADAA and California probate law.
If you need help with probate in Kern County, contact Jared R. Clemence at Coleman & Horowitt at 661-325-1300.
Protect your family and digital legacy with the right plan today.