An executor in Queens is going through her late father’s effects. On his unlocked phone, she sees the Cash App icon. She knows he used it for his side business as a handyman and suspects there might be several thousand dollars in the account. But she has no password, no PIN, and no legal right—or so she thinks—to access it. This scenario is common, leaving fiduciaries caught between their duty to marshal assets and the digital walls erected by tech companies.
These platforms are not just messaging apps; they are financial accounts. Money held in a Cash App, Venmo, or PayPal account is an asset of the estate, just like a checking account at a bank. The problem is that the terms of service rarely contemplate the user’s death. The company’s primary duty is to the account holder’s privacy, creating an immediate conflict with the executor’s duty to the estate.
The Executor’s Authority Over Digital Assets
When a client is named as an executor, their first job is to collect and control the decedent’s property. In the past, this meant gathering bank statements, property deeds, and car titles. The work now includes accounting for a scattered digital footprint. Many executors are surprised to learn that a death certificate and a will are not enough to gain access to digital accounts.
Most tech companies will refuse to grant access without a court order. For an executor, this means presenting Letters Testamentary—issued by the Surrogate’s Court—which officially grant them authority to act for the estate. The company needs to see that a court has legally recognized you as the fiduciary.
New York law provides a legal framework for this. The Fiduciary Access to Digital Assets Act, found in our Estates, Powers and Trusts Law, gives fiduciaries authority to manage a decedent’s digital property. Specifically, EPTL § 13-A-2.2 grants an executor or administrator the legal standing to demand access. This law gives you the right to ask, but it doesn’t create a magic key. You must still follow the platform’s specific process for deceased users, which can be slow and bureaucratic.
Intentional Planning: From Asset to Legacy
The difficulty of posthumous access highlights the need for deliberate planning. We don’t just draft documents; we help you create a clear roadmap for the people you leave behind. Stewardship of your legacy means making things as straightforward as possible for your chosen fiduciary.
We work with our clients to create a careful inventory of their digital assets. This is not a list of passwords—sharing those can create security risks and may violate a platform’s terms of service. Instead, it is a separate, confidential document listing your important digital accounts, from financial apps and cryptocurrency wallets to social media and email. This inventory gives your executor the information needed to identify and access these assets legally.
This simple act of organization can save your family months of frustration and prevent financial loss. It transforms a scattered collection of digital accounts into a managed part of your estate. It ensures these assets are passed to your beneficiaries as you intended, rather than being lost in a corporate database.
A Practical Approach to Your Digital Estate
A prudent estate plan accounts for both the tangible and the intangible. It recognizes that a Cash App balance is just as much a part of your estate as the funds in your savings account.
My work involves helping families across New York put these contingencies in place. We consider the practical realities of estate administration and build a plan that functions in the real world—a world that increasingly includes digital property. It’s about ensuring the person you trust to manage your affairs has the tools and information needed to do the job.
The first step is creating an inventory. We guide our clients in preparing a Digital Asset Memorandum that integrates with their will or trust, providing clear direction for their fiduciary. To discuss how this inventory can be incorporated into your own estate plan, I invite you to schedule a confidential review with my office.
