Common Mistakes Families Make With Digital Estates

Mistake 1: Logging in With the Deceased's Passwords

It feels obvious and harmless — you know the password, so you log in. But most platforms restrict credential sharing or account transfer. A password alone does not establish that a family member or executor is authorized to access the account after a death.

The CFAA criminalizes unauthorized access, but that does not make every login with a deceased person's password automatically unauthorized. Logging in can violate platform terms and raise legal questions under applicable unauthorized-access laws. A login can also trigger account-security controls or make later formal recovery harder.

The safer path: submit a deceased-user request through the platform's official process with a death certificate and Letters Testamentary. Slower, but it produces results the platform will honor.

Mistake 2: Canceling the Phone Plan Too Early

The deceased's mobile phone number is the key to two-factor authentication on most accounts. Cancel the plan, and every SMS verification code goes nowhere. You're now locked out of email, banking, cloud storage, and anything else that sends a code to that number.

Keep the phone plan active while you identify and handle accounts that rely on SMS verification. Ask the carrier about a lower-cost way to keep the number active if needed. The phone itself should stay charged and powered on — some accounts use app-based authenticators that only work on the original device.

Mistake 3: Letting Subscriptions Bleed

Recurring charges don't stop when someone dies. Netflix, Spotify, Adobe, cloud storage, gym memberships, domain registrations, software licenses — they all keep billing. The average estate loses $500 to $2,000 before someone catches every subscription.

The fix: pull three months of bank and credit card statements within the first week. Flag every recurring charge. Cancel subscriptions immediately unless the account contains data you need to download first (cloud storage, for example — cancel after you've retrieved the files).

Call the card issuer, report the death, and request a review of charges posted after the date of death.

Mistake 4: Ignoring Cryptocurrency

Crypto on a centralized exchange (Coinbase, Kraken, Binance) is recoverable — file an estate claim with probate documents and a death certificate. These exchanges have formal deceased-user processes.

Self-custody crypto (hardware wallets, software wallets) is a different situation entirely. Without the seed phrase — typically 12 or 24 random words — the assets are permanently gone. No software company, court order, or recovery service can bypass this. The seed phrase is the only key.

Search the home for written seed phrases stored in safes, filing cabinets, notebooks, or bank safe deposit boxes. Check for hardware wallet devices (Ledger or Trezor — small USB-sized devices). If you find a device but no seed phrase, do not attempt random PIN entries — most hardware wallets wipe themselves after a fixed number of failed attempts.

Be wary of "crypto recovery services" found through online ads. Legitimate recovery is impossible without the seed phrase or private key. Any service claiming otherwise is almost certainly a scam charging upfront fees.

Mistake 5: Deleting Accounts Before Downloading Data

Permanent deletion means permanent loss. Before closing any account, check whether it contains:

• Photos or videos (iCloud, Google Photos, Dropbox)
• Documents (Google Drive, OneDrive)
• Sent emails with sentimental value
• Purchase receipts or financial records needed for the estate

Download everything first. Google Takeout exports the entire Google account (Gmail, Drive, Photos, Calendar) in one request. Apple offers a similar data download through privacy.apple.com. Only delete or memorialize after you've confirmed the backup is complete.

Mistake 6: Not Ordering Enough Death Certificates

Request certified copies through the funeral director or local vital records office. Ask each platform, bank, or exchange whether it accepts a scan or requires a certified copy; needing additional copies can delay requests.

Some platforms (particularly cryptocurrency exchanges) reject funeral home certificates and require certificates issued by the state vital records office with a raised seal.

Mistake 7: Assuming the Will Covers Digital Assets

General estate language like "I leave all my property to my spouse" often doesn't cover digital accounts in practice. RUFADAA establishes a priority system where platform-level settings (Google Inactive Account Manager, Apple Legacy Contact) override wills, and if neither exists, the platform's own terms of service control.

If the will doesn't explicitly mention digital assets, electronic communications, or specific platforms, the executor may need a court order to access email content — metadata like sender names and dates may be available, but actual message content requires either explicit consent in the will or judicial authorization under the Stored Communications Act.

Preventing These Mistakes

The first week after a death sets the trajectory for the entire estate. The Digital Estate Toolkit walks through a structured sequence — secure devices, preserve phone access, freeze credit, triage accounts by urgency — designed to prevent every mistake on this list before it happens.