How to Protect Digital Assets Like Crypto: A Guide for Florida Estate Planning

As your life becomes more digital, estate planning can’t stop at homes or bank accounts—it needs to address your digital assets, especially cryptocurrency. From crypto wallets and NFTs, to online photos and email accounts, protecting these assets is crucial to preserving your legacy and ensuring your loved ones can access them when needed. Here’s what Florida residents need to know for digital estate planning in 2025.

What Are Digital Assets?

Digital assets under Florida’s Fiduciary Access to Digital Assets Act (FADA) (Fla. Stat. §740.001 et seq.) include:

·       Cryptocurrencies (Bitcoin, Ethereum, altcoins, NFTs)

·       Password-protected online accounts (bank, brokerage, payment apps)

·       Social media and email accounts

·       Domain names, monetized websites

·       Streaming, gaming, and cloud storage accounts

Digital assets are any electronic records in which you have a right or interest—even points and digital businesses count.

Why Digital Asset Planning in Florida Matters

If you don’t plan for digital assets:

·       Crypto wallets can become permanently inaccessible if loved ones lack your seed phrase or keys.

·       Executors or family may never know accounts exist, or be blocked by privacy or platform restrictions.

·       Online accounts may stay vulnerable or be lost, forfeiting financial or sentimental value.

Florida law provides the framework for granting access to these assets, but you must clearly document your wishes within your estate plan.

Steps to Protect Crypto & Digital Assets in Florida

1.   Inventory Your Digital Assets

·       List every account, crypto wallet, and platform you use.

·       Include asset type, value estimate, platform location, and where key access information is kept.

·       For crypto, document the type (wallet/exchange), wallet addresses, and backup storage details.

2.   Securely Store Access Credentials

·       Never put passwords or crypto seed phrases directly in your will—they become public record.

·       Use a password manager, encrypted vault, or written instructions kept with your attorney or in a secure place. Florida law allows a fiduciary to access digital assets with proper authorization.

3.   Update Legal Documents

·       Add digital asset provisions in your will, trust, and powers of attorney.

·       Appoint a “digital executor” (authorized fiduciary under FADA) to manage your accounts after death/incapacity.

·       Explicitly outline who inherits each asset, who can access accounts, whether to sell or hold digital property, and how digital income/royalties should be managed.

4.   Use Platform Legacy/Access Tools

·       Take advantage of “legacy contact” features on platforms like Google, Apple, Facebook, and crypto exchanges, as these sometimes override instructions in your will or trust.

5. Prioritize Security

·       Use two-factor authentication, hardware wallets for significant crypto, and update all access points regularly.

·       Educate your digital executor about the process for legally, securely accessing your accounts.

Common Florida Mistakes to Avoid

·       Not listing digital assets or telling anyone about them (makes them unrecoverable)

·       Leaving keys, PINs, or passwords in public legal documents

·       Letting your digital inventory get outdated

·       Failing to comply with both Florida law and platform requirements for fiduciary access

How Our Florida Estate Planning Firm Can Help

·       Create digital asset inventories and strategic access guides.

·       Draft estate documents to lawfully and securely include digital assets.

·       Provide ongoing advice as laws and technology change.

·       Assist with tax and regulatory considerations for crypto and online assets.

Protect Your Digital Legacy

Digital assets—especially crypto—are valuable, and Florida’s laws provide comprehensive tools for protecting them with the right planning. Ready to update your estate plan to address your whole online world? Reach out to our Florida estate planning attorneys to keep your digital—and real—legacy protected for the next generation.

Let our firm bridge the gap between cutting-edge technology and secure estate planning for peace of mind now and into the future!

Are you interested in getting a living revocable trust, will or other estate planning items in order?  We’re here to help. Quick turnarounds and no surprises. Remote services available with document signing procedure instructions provided.

Contact Biazzo Law today at (703) 297-5777 or alyssa@biazzolaw.com to schedule a consultation today. www.biazzolaw.com 

** Information in this blog should not be considered legal advice, nor does it form an attorney-client relationship

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