What Happens to Digital Assets After Death in Texas?

When someone passes away in Texas, digital assets such as cryptocurrency wallets, email accounts, and family photo libraries do not automatically transfer to heirs. Without a plan, families often have no legal path to access what they need. 

What Texas Law Says About Digital Assets

Texas adopted the Revised Uniform Fiduciary Access to Digital Assets Act under Texas Estates Code Chapter 2001, which governs how fiduciaries, including executors, trustees, and guardians, can access a deceased person’s digital assets. The law gives fiduciaries the legal authority to manage digital property. Still, it does not override the terms of service agreements that platforms such as Google, Meta, and Apple have in place. In practice, this means a family member may have the legal right to access an account under Texas law but still face resistance from the platform itself if they lack proper documentation.

The law establishes a priority system for digital asset access. A user’s own directions, set through an online tool provided by the platform, take precedence over a will. If no online tool was used, a will or trust controls. If neither exists, the platform’s default terms of service apply, which often means the account is locked or deleted. 

This order of priorities is one reason why setting up platform-level designations during your lifetime matters as much as what your will says.

Types of Digital Assets That May Be Part of a Texas Estate

Houston families are sometimes surprised by the range of assets that fall into this category. Digital assets in a Texas estate can include:

• Cryptocurrency and digital wallets, including Bitcoin and Ethereum holdings
• Online bank and brokerage accounts with digital-only access
• Email and cloud storage accounts containing personal or business records
• Social media profiles on platforms such as Facebook, Instagram, and LinkedIn
• Digital photo and video libraries stored on services like iCloud or Google Photos
• Intellectual property such as self-published e-books, domain names, or monetized content channels
• Loyalty points, gaming accounts, and online subscription services with prepaid balances

Some of these assets have real monetary value. Cryptocurrency, in particular, can represent a significant portion of an estate, and without the private keys or wallet credentials, those funds may be permanently inaccessible. Others, like a family photo library, hold irreplaceable sentimental value that no court order can restore if access is lost.

What Happens to Social Media Accounts

Each platform handles accounts differently after a user passes away. Facebook allows families to memorialize an account or request removal, but only through its own internal process and only with approved documentation. Google offers an Inactive Account Manager tool that lets users designate what happens to their account in advance. Apple’s Digital Legacy program allows users to name legacy contacts who can request access after death. Without those designations in place before death, families often find themselves navigating slow, inconsistent platform review processes with no guarantee of access.

How to Plan for Digital Assets in Texas

The most effective way to protect digital assets is to address them before they become a problem for your family. A few steps that make a meaningful difference include:

• Creating a digital asset inventory that lists accounts, usernames, and instructions for access, stored securely and updated regularly
• Using each platform’s built-in legacy or inactive account tools to designate who can access or manage your account
• Including specific digital asset instructions in your will or trust, naming a fiduciary with authority to act under Texas Estates Code § 2001.201
• Storing cryptocurrency private keys or hardware wallet access instructions in a secure location known to your executor or trustee
• Reviewing platform terms of service, since some accounts cannot be transferred by law, regardless of what a will says

What Executors and Families Should Do After a Death

If you are managing a loved one’s estate and need to address digital assets, start by locating any written instructions the person left, including a will, trust, or a separate document listing accounts. Contact each platform directly with a death certificate and letters testamentary showing your authority as executor. Be prepared for the process to take time and to vary significantly from one platform to the next.

For accounts with financial value, particularly cryptocurrency, act quickly. Without access to wallet credentials, those assets may be unrecoverable. If the estate involves multiple platforms, disputed access, or significant digital holdings, working with a probate attorney early in the process can help you identify what tools are available and avoid missteps that close off your options.

Whether you are settling a Houston estate or building a plan that covers your own digital assets, Ford + Bergner, LLP has spent 25 years helping Houston families navigate estate and probate matters, and our team is ready to help. Our estate planning attorneys work with clients to ensure nothing is left behind. Fill out our online contact form or call (713) 352-0937 to speak with our team.