9138 / What measures should be taken to ensure digital assets are preserved for administration of the digital estate after death?

A digital fiduciary should be prepared to take necessary steps to ensure that digital assets of the estate will continue to be in existence throughout the period of administration, probate, or other necessary time period. A digital fiduciary should have, or make, a comprehensive inventory of digital assets and take necessary measures to ensure that the assets are preserved and not deleted or otherwise destroyed except according to the decedent’s wishes, or after they have been carried out. (See Q 9139 on ultimate disposition or disposal of digital assets.)Digital assets can be divided into the following categories:

(a) Assets stored on electronic devices and tangible media (offline assets).

(b) Assets stored online, including email and other electronic communications and other online digital assets.

Each category of digital assets requires a different approach to preserving the assets after the death of the user, as discussed below. Digital assets stored on electronic devices require different measures than those stored in online accounts. Likewise, online electronic communications are subject to different rules than other online digital assets.