North Carolina Wills: Secure Your Digital Legacy Now
TL;DR: North Carolina’s fiduciary-access law (Chapter 36F) allows your executor or agent to request access to your digital assets, but your clear instructions control, especially settings you make with a platform’s online tool. Align your will, power of attorney, and any trust with those settings, keep a secure inventory (do not put passwords in your will), and review regularly.
Last reviewed October 30, 2025
Why Your Digital Legacy Belongs in Your Will
Your will governs who receives your property and who carries out your final wishes. Today, that property often includes digital assets: email and cloud storage, photos and videos, social media accounts, financial and crypto accounts, domain names, websites, online businesses, and intellectual property stored online. If you do not plan for these assets, your executor and loved ones may face delays, service-provider barriers, or data loss.
Digital Assets Under North Carolina Law
North Carolina has enacted the Revised Uniform Fiduciary Access to Digital Assets Act, codified at Chapter 36F, which allows fiduciaries, such as executors and agents under a power of attorney, to request access to certain digital assets and electronic communications, subject to your directions and the service provider’s terms and applicable law.
These rules prioritize your expressed instructions. If you use an online tool offered by a service (for example, a legacy or inactive account manager setting) and it allows you to direct what happens to your account or data, that tool can control what the provider may disclose. If no online tool applies, your will or power of attorney can provide instructions and authorization. Without clear directions, fiduciaries may have limited access, especially to the content of communications, so include explicit consent where appropriate.
Core Elements of a North Carolina Will
A North Carolina will typically names: (1) beneficiaries to receive your property; (2) an executor to manage your estate; and (3) any specific gifts or instructions. North Carolina recognizes several will forms when properly executed, including a traditional attested will and, in limited circumstances, a handwritten holographic will. Formal execution requirements apply and are strictly enforced under Chapter 31 (Wills). Because digital assets can be time-sensitive and subject to platform policies, aligning your will with your digital asset plan is essential.
Tips for Strong Digital Asset Planning
- Name an executor who is comfortable with technology or pair them with a co-fiduciary who is.
- Document where two-factor authentication codes are generated (apps, keys, devices) and how to transfer access.
- Set memorialization or deletion preferences for social media while you are able.
Best Practices for Digital Asset Instructions
- Maintain a separate, regularly updated inventory of digital assets and how they are accessed. Do not place passwords directly in your will; instead, reference a secure credential vault or letter of instruction.
- Use provider online tools where available (for example, legacy contacts and inactive account managers) and make sure your will does not conflict with those settings.
- Grant your executor explicit authority over digital assets in your will and authorize disclosure of digital communications where appropriate under North Carolina law (see Chapter 36F).
- Address cryptocurrency and hardware wallets specifically, including custody, seed phrases, and transfer instructions via secure means.
- Provide instructions for websites, domains, and online stores, including renewal, transfer, or winding down.
- Clarify whether you want social media memorialized, deleted, or archived.
- Coordinate your will, power of attorney, and revocable trust language so your fiduciaries have consistent authority.
Checklist: Practical Next Steps
- Inventory digital assets and designate a secure credential manager.
- Review and set legacy or inactive account tools for major platforms and crypto exchanges.
- Update your will to include digital asset authority, disclosure permissions, and clear instructions.
- Align your power of attorney and any trust with your digital plan.
- Note device passcodes and recovery methods in a secure location accessible to your fiduciary.
- Schedule periodic reviews to reflect changes in accounts, devices, and laws.
Coordinating With Powers of Attorney and Trusts
Your digital life does not pause if you become incapacitated. A durable power of attorney can authorize an agent to manage digital assets and communications during your lifetime. A revocable trust can hold and manage certain digital rights and revenues, useful for creators and business owners. Make sure these documents mirror your will’s digital asset provisions to avoid conflicts.
Common Pitfalls to Avoid
- Relying solely on passwords stored in your head or a single device.
- Conflicting directions between a platform’s legacy tool and your will.
- Omitting authority for disclosure of the content of communications, which can limit what an executor may access.
- Failing to plan for subscription renewals, two-factor authentication devices, and domain expirations.
- Naming an executor who is uncomfortable handling technical tasks without also naming a co-fiduciary or providing professional support.
FAQ
Do North Carolina executors automatically get access to my emails and messages?
No. Without your express consent, providers may limit disclosure, especially the content of communications. Use online tools and include disclosure authority in your will under Chapter 36F.
Can I put my passwords in my will?
No. Wills become public. Keep credentials in a secure manager or letter of instruction referenced by your will.
What if my online tool settings conflict with my will?
Online tools can control over will provisions for that account. Make them consistent.
Are handwritten wills valid in North Carolina?
Sometimes. Holographic wills are recognized only if strict statutory requirements are met. When in doubt, use a properly executed attested will.
How should I handle crypto and hardware wallets?
Address custody, backup, and transfer in your plan. Never place seed phrases in your will; store them securely and ensure your fiduciary can access them.
How Our Firm Can Help
We draft North Carolina wills with tailored digital asset provisions, coordinate powers of attorney and trusts, and guide you through setting platform-specific legacy tools. We also help executors navigate provider requests and disclosures during estate administration.
Ready to protect your digital legacy? Contact us to get started.
Authority and further reading
- North Carolina General Statutes, Chapter 36F (Fiduciary Access to Digital Assets)
- North Carolina General Statutes, Chapter 31 (Wills)
Disclaimer: This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and procedures can change and may vary by situation; consult a licensed North Carolina attorney about your specific circumstances.
