Digital Assets and Your Will in New Jersey

By Jeff J. Horn – Divorce Attorney

As our lives become increasingly digital, so do our estates. From email and social media accounts to online banking, cryptocurrencies, and photo storage, these digital assets must be addressed in your estate plan, especially your will. If you live in Ocean County, understanding how to handle digital assets in your will is essential for protecting your legacy and easing the burden on your loved ones. Likewise, the search for digital assets is conducted in many Ocean County divorces.

At Horn Law Group in Toms River, we help Ocean County residents build modern estate plans that reflect today’s digital realities.

What Are Digital Assets?

Digital assets include any content or accounts you access or store online. Common examples include:

• Email and social media accounts (Gmail, Facebook, Instagram)

• Online banking, investment, and PayPal accounts

• Cryptocurrency (Bitcoin, Ethereum, etc.)

• Cloud storage accounts (Google Drive, Dropbox)

• Digital photos, videos, and personal documents

• Domain names or blogs

• Subscriptions with stored data (Amazon, Netflix, etc.)

Some of these assets may have financial value, while others carry deep sentimental importance. Sometimes, a spouse wants to hide digital assets – in life and in death.

Why You Need to Include Digital Assets in Your Will

When someone dies, their executor typically gains access to physical property and financial accounts. But digital accounts often require special access codes, permissions, or legal documentation to be managed—or even located.

If you don’t include instructions for your digital assets in your will:

• Important accounts could be lost or locked forever

• Loved ones may struggle to close or memorialize your social media accounts

• Valuable or sentimental files (like photos) may disappear

• Identity theft risks increase

A clear plan prevents confusion, delay, and potential loss of assets.

Legal Considerations in New Jersey

New Jersey follows the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which gives your executor or trustee limited authority to manage your digital property, but only if you explicitly grant that permission.

To comply with New Jersey law:

• Include language in your will authorizing your executor to access and manage digital assets

• Maintain a separate, secure list of usernames, passwords, and access instructions (not in the will itself, for privacy and security)

• Consider appointing a digital executor for complex online estates

How to Plan for Digital Assets in Your Will

Here are a few steps Ocean County residents can take to manage digital assets effectively:

1. Take Inventory
   Make a list of your accounts, subscriptions, and files, both personal and financial.

2. Decide What Happens to Each Asset
   Should your social media be deleted, memorialized, or transferred? Should crypto be sold or held?

3. Include Digital Asset Instructions in Your Will
   Be clear about who should handle your digital estate and what authority they have.

4. Keep Access Info Secure
   Store passwords and 2FA backup codes in a secure place (like a password manager or offline document). Tell your executor how to access it.

5. Update Regularly
   Digital assets change frequently. Revisit your plan regularly, especially after major life changes.

Work With an Estate Planning Attorney in Ocean County

At Horn Law Group, we help clients across Ocean County develop wills that cover both traditional and digital assets. If you’re unsure how to start planning your digital estate, or want to ensure your current plan meets today’s standards, we’re here to guide you every step of the way.

Divorce and Digital assets – Harry leaves Sally.

Contact Horn Law Group in Toms River today to protect your digital legacy.

Thanks to Horn Law Group, LLC intern Dillon Uhrig

Photo by Rodion Kutsaiev on Unsplash