Dear friends,
If you're planning your digital legacy in New York, understanding the state's digital will laws and digital executor appointment process is essential for protecting your digital assets and ensuring your final messages reach loved ones. New York has not yet adopted RUFADAA, but common law and terms of service agreements govern digital asset access after death.
New York's legal framework for digital assets relies on traditional probate law and common law principles, though specific digital asset legislation has not yet been adopted. This means executors must navigate both state probate codes and federal laws like the Computer Fraud and Abuse Act (CFAA) and Stored Communications Act (SCA) when accessing digital accounts. Whether you're appointing a digital executor or managing accounts after a loved one's death, New York law provides a path forward.
The most important step New York residents can take is explicitly authorizing a digital executor in estate planning documents. New York allows appointment of a digital executor or fiduciary with specific authority to access digital assets. Common law principles allow testamentary authority over digital assets if properly documented. Without this clear authorization, family members may face significant legal barriers accessing everything from email and social media to cloud storage, cryptocurrency, and business accounts. New York law recommends proper witnessing and notarization, and notarization is required for certain documents.
New York's probate process treats digital assets similarly to physical property, with one crucial difference: most digital accounts are governed by terms of service agreements that restrict or prohibit account sharing. Without RUFADAA, New York executors must carefully navigate these restrictions, often requiring court orders or platform-specific processes to gain access. This is why creating a comprehensive digital will matters - it provides the legal foundation executors need.
New York Probate Code and Common Law governs how digital assets pass through probate in New York. Terms of service agreements govern access State probate code applies to digital assets Privacy laws may restrict certain access New York estate planning attorneys recommend creating a comprehensive inventory of digital assets, explicitly granting fiduciary authority in your will or trust, and using a service like DeathNote that complies with New York law while providing end-to-end encryption for your posthumous messages.
For New York residents, the path forward is clear: document your digital assets, appoint a trusted digital executor with explicit authority, and choose a digital legacy platform that respects both New York law and your privacy. DeathNote provides end-to-end encrypted message storage that neither we nor anyone else can access without your explicit permission, combined with proof-of-life verification and delivery systems that comply with New York's legal requirements. Your final messages to loved ones are too important to leave to chance or platform policies that may change.