As our lives move increasingly online, a new question has emerged in estate planning: What happens to your digital assets when you pass away? From cryptocurrencies to social media accounts to cloud-stored files, the digital estate left behind can be just as valuable, and just as complicated, as traditional property.
In Wisconsin, digital assets and probate matters continue to evolve as courts work to apply existing probate laws to modern, tech-driven lives. This guide breaks down how digital assets are handled in Wisconsin probate, what families should expect, and how better planning can prevent delays and disputes.
What Counts as Digital Assets in Probate?
When discussing digital assets and probate, it helps to understand just how broad the category can be. Today, most people own a mix of personal, financial, and even sentimental online property, including:
- Email and social media accounts
- Online banking and investment accounts
- Cryptocurrency and NFTs
- Cloud storage (photos, documents, videos)
- Business accounts and digital storefronts
- Rewards points, gaming accounts, and subscription services
Because these assets don’t physically exist, handling digital assets in probate often requires special permissions, passwords, or legal authority that families don’t have by default.
Wisconsin Probate Laws for Digital Property Rights
Wisconsin follows the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs how executors and personal representatives can access a decedent’s digital information.
Under RUFADAA:
1. Written Permission Is Key
Without explicit written authorization, probate courts may limit access to online accounts even to legally appointed representatives.
2. Service Providers Still Control Access
Companies like Google, Apple, Facebook, or Coinbase have their own policies. Even with a court order, some limit what data can be shared.
3. Digital Asset Planning Takes Priority
If someone uses built-in digital estate tools (e.g., Google’s Inactive Account Manager or Facebook’s Legacy Contact), Wisconsin probate courts honor those designations over instructions in a will. This framework helps clarify digital property rights, but it also introduces challenges when families need access to important online information.
Challenges Families Face When Managing Digital Estates
Even with laws in place, the probate court process for digital assets isn’t always simple. Families may encounter issues like:
Locked Accounts and Password Barriers
Without usernames, access keys, or two-factor authentication devices, executors may struggle to locate or verify assets.
Cryptocurrency Complications
Crypto assets pose unique risks. If wallet keys are lost, the funds are often unrecoverable even with a court order.
Unclear or Nonexistent Digital Estate Planning
Most people never document their online accounts, making probate administration slower and more expensive.
Data Privacy Restrictions
Wisconsin probate laws require service providers to protect user privacy, which means representatives may receive only limited access. These obstacles make proactive digital estate planning essential for both individuals and their beneficiaries.
How Wisconsin Probate Courts Work Through Digital Asset Issues
Wisconsin courts follow a structured approach to handling digital assets in probate:
1. Identifying Digital Property
Executors must locate digital accounts, wallets, and online subscriptions, often relying on financial records, emails, or device access.
2. Requesting Access Legally
Courts may issue orders allowing representatives to retrieve account contents or manage digital property, depending on provider rules.
3. Valuing Digital Assets
Cryptocurrency, online businesses, and digital intellectual property may require professional valuation.
4. Distributing Assets According to the Will
Digital assets are treated like traditional assets once access is granted, they are distributed based on Wisconsin estate planning laws or the decedent’s instructions.
This process underscores why early planning is far more efficient than trying to piece together a digital estate later.
Why Digital Estate Planning Matters More Than Ever
As online property grows in both value and volume, planning ahead simplifies everything from identifying accounts to securing crypto keys.
Smart digital estate planning includes:
- Listing all digital accounts and devices
- Storing passwords securely
- Giving written permission for fiduciary access
- Using platform-specific legacy tools
- Including digital assets in your will or trust
These steps ensure your family avoids unnecessary stress, disputes, or loss of valuable online property.
If you want to make sure your digital life is just as secure as your physical assets, our team can help. Contact Krause Estate Planning & Elder Law Center today to protect your online legacy.
TL; DR
1. What are considered digital assets in Wisconsin probate?
Digital assets in probate include online banking accounts, cryptocurrency, NFTs, social media profiles, email accounts, cloud-stored files, business platforms, subscription services, gaming accounts, and reward programs. Anything stored or managed online may count as part of a person’s digital estate.
2. How does Wisconsin handle digital assets and probate under RUFADAA?
Wisconsin uses the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which governs how personal representatives access a deceased person’s online accounts. It requires written authorization, respects service-provider restrictions, and prioritizes digital estate tools like Google’s Inactive Account Manager.
3. Can an executor automatically access online accounts after someone dies?
No. Executors do not receive automatic access. Without explicit written permission, service providers may restrict access, even if the executor is legally appointed. Probate courts often need to issue additional orders to unlock or retrieve digital data.
4. What challenges do families face with digital estates during probate?
Common challenges include lost passwords, locked accounts, missing cryptocurrency wallet keys, conflicting platform policies, and incomplete documentation of online accounts. These issues often delay probate or make certain assets inaccessible.
5. How can Wisconsin residents plan ahead for digital assets in probate?
Effective planning includes creating a full list of digital accounts, securing passwords, granting written authorization for fiduciary access, using platform-specific legacy tools, and including digital property in wills or trusts. This reduces delays, legal complications, and the risk of losing valuable online assets.
