Including Digital Assets in Your Miami Estate Plan

Your estate is not just the Coral Gables house and the bank accounts anymore. It is also your cryptocurrency, your email, your photo library in the cloud, your business’s social media, and the loyalty points you have built up. Florida has a specific law governing access to these, and most Miami estate plans still ignore them. Here is a checklist to fix that.

Inventory Your Digital Assets

• Financial: crypto wallets, exchange accounts, online banking, PayPal, brokerage apps
• Communication: email and messaging accounts
• Media and sentimental: cloud photos, videos, documents
• Business: domain names, websites, social media, online storefronts
• Loyalty and access: airline miles, reward points, subscriptions

You cannot plan for assets nobody knows exist. A Miami crypto holder who dies without leaving any access information may take six figures of value to the grave, permanently.

Understand Florida’s Fiduciary Access Law

Florida adopted the Florida Fiduciary Access to Digital Assets Act (Chapter 740), which gives your personal representative, trustee, or agent under a power of attorney a legal pathway to access certain digital assets, but only when your planning documents grant that authority. Without explicit language, providers can lawfully refuse access, and your family may be stuck. Your documents must affirmatively authorize digital access.

Use Online Tools Where They Exist

Under Chapter 740, an “online tool” provided by a platform, such as a legacy contact or inactive account manager, can override your will or trust. Set these tools on the major platforms you use and make sure they name the same people your estate plan does. A mismatch can hand control to the wrong person.

Build Authority Into Your Core Documents

Make sure each of these grants digital asset authority consistent with Florida law:

• Your will, granting the personal representative access
• Your revocable trust, covering the trustee
• Your durable power of attorney under Chapter 709, so your agent can manage digital accounts while you are alive but incapacitated

A durable POA matters especially for Miami business owners, where someone may need to keep a website or online store running during an incapacity.

Secure Credentials the Right Way

Do not list passwords in your will, which becomes a public record once filed in the Miami-Dade probate court. Instead, use a reputable password manager and leave instructions on how to access it. For cryptocurrency, plan carefully for private keys and seed phrases, since losing them means losing the asset with no recovery and no customer service line to call.

Address Privacy Preferences

Decide what you actually want. Should your email be read or simply closed? Should personal messages be deleted? Should a memorial page remain online? Spell out your wishes so your fiduciary is not guessing during an already difficult time.

A Note Before You Plan

This article is general information, not legal advice. How Florida’s digital assets act, durable powers of attorney, and platform online tools apply to your accounts depends on your situation. Before finalizing a digital asset plan, consult a licensed Florida estate planning attorney serving the Miami area to make sure your documents actually grant the access your family will need.