So much of life now lives online. For Palm Beach families settling a loved one’s affairs, that means more than bank accounts and real estate. Photos, email, social media, loyalty points, business files, and even cryptocurrency can carry real sentimental and financial value. Florida law recognizes these digital assets, and handling them with care is part of honoring the person you lost.
What Counts as a Digital Asset
A digital asset is essentially any electronic record in which a person had a right or interest. That includes online financial accounts, cloud-stored documents and photographs, email, social media profiles, domain names, digital business assets, and cryptocurrency or other digital currency. The data itself and the right to access it are treated differently, which can surprise families.
Florida’s Framework for Access
Florida has adopted the Fiduciary Access to Digital Assets Act, found in Chapter 740 of the Florida Statutes. It gives personal representatives, trustees, and certain other fiduciaries a legal pathway to manage and, where permitted, access a deceased person’s digital assets. Importantly, the law respects the choices the person made during life, so the instructions someone left behind carry real weight.
The Power of Online Tools and Documents
Florida law generally follows a priority order. If a provider offers an online tool (for example, a legacy contact or inactive account manager) and the person used it, those instructions usually come first. If not, directions in a will, trust, or power of attorney control. Only after that do the provider’s general terms of service apply. This is why we encourage Palm Beach residents to use these tools and to address digital assets directly in their estate planning.
Why Cryptocurrency Deserves Special Attention
Cryptocurrency can be one of the hardest assets to handle. Without the private keys or seed phrase, even a court order may not be enough to recover the funds, because no central institution can reset access. For families in Palm Beach who suspect a loved one held digital currency, locating wallets and keys early and documenting them carefully is critical. These holdings are still part of the probate estate and may need to be inventoried and valued.
Privacy, Passwords, and a Word of Caution
It can be tempting to simply log in using a saved password, but accessing accounts without proper authority may violate provider agreements or privacy laws. The safer route is to work through the personal representative’s legal authority under Chapter 740. This protects the family and keeps the administration clean.
Florida’s Tax Picture
One reassuring note for Palm Beach families: Florida has no state estate tax and no state inheritance tax. So while digital assets must be accounted for, you will not face a separate Florida tax simply for inheriting them.
A Thoughtful Next Step
Digital assets are a relatively new frontier, and the rules around access, ownership, and privacy continue to evolve. If your family is sorting through a loved one’s online life in Palm Beach, please speak with a Florida probate attorney. The right guidance helps you preserve precious memories and recover real value without missing a step.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
