As more of life moves online, families are discovering a troubling reality after a death: Executors frequently cannot access digital photos, emails, or online accounts, even when they are legally responsible for settling an estate.
The problem is not a lack of authority under estate law. It is the contracts people agree to when they open digital accounts — and the privacy laws those contracts enforce.
That disconnect is becoming more consequential, as digital assets increasingly hold financial, legal, and emotional value, from cloud-stored family photos to email records tied to bills, subscriptions, and financial accounts.
In a recent interview, Harry Margolis, author of “Get Your Ducks in a Row,” discussed how people can make sure executors can access digital assets. What follows is an edited transcript of that conversation, revised for clarity and brevity.
Do executors have legal rights to Apple, Google, and email accounts?
Robert Powell: People are realizing that privacy laws often block executors from accessing digital photos and emails unless they are explicitly granted digital fiduciary powers in a will. Here to talk with us about that is Harry Margolis, author of “Get Your Ducks in a Row.” Harry, welcome.
Harry Margolis: Good to see you again, Bob.
Robert Powell: A question that comes up a lot is whether an executor has the legal right to access an Apple ID, Google accounts, or email accounts.
Harry Margolis: No, probably not. That is a bit perverse because an executor, or personal representative, is supposed to step into your shoes. They are appointed to represent you and act on behalf of your estate.
If you own property or an account, you would assume the executor has the authority to manage it. But these accounts are not really property in the traditional sense. To the extent they are, they are defined by the contract you have with the online service.
All those agreements we check without reading lay out what rights you have and what happens when you die or become incapacitated. They also determine whether an agent under a power of attorney has any authority. You agree to those terms, and that is what governs.
Most of the major services do have provisions for what happens if you are no longer able to manage the account. You have to look at each service individually to see whether you can designate someone to step in.
Often you can, and you would typically name the same person you name as executor or personal representative. But it is your designation within that service that controls, not your will. That is different from what many people expect.
Why tech platforms’ terms of service matter more than your will
Robert Powell: It does seem onerous. Many people scroll through the terms of service, click that they have read them and move on. The truth is most people have no idea what they are agreeing to or how to designate someone to access those accounts.
Harry Margolis: It can be very important. Some things may not matter that much. You may not want people reading all your emails or accessing certain personal accounts.
But what about Google Photos or Dropbox? Those may be very important to your family. It is critical to understand the rules for each service and follow their process to designate a successor.
Social media and other digital assets
Robert Powell: This applies not just to Apple and Google but to social media sites as well, such as Twitter, Facebook, and LinkedIn. The bottom line is that if you want to protect your digital assets, you need to understand what each service requires for someone else to access those accounts.
Harry Margolis: That is exactly right.