Digital Assets in Your Massachusetts Estate Plan — MUFADAA Rules and Access

Your estate plan covers your house, your bank accounts, and your retirement funds. But what about the hundreds of thousands of dollars of value locked behind passwords — cryptocurrency wallets, domain names, e-commerce stores, digital media libraries, cloud storage, social media accounts, and email archives?

Massachusetts adopted the Uniform Fiduciary Access to Digital Assets Act (MUFADAA) under M.G.L. c. 190F, and it creates a strict legal framework that determines who can access your digital accounts after you die or become incapacitated. If you do not plan for it, your executor may be permanently locked out.

The Three-Tier Priority System

MUFADAA establishes a clear hierarchy for digital asset access. Each tier overrides the one below it:

Tier 1: Online tool settings. If you used a platform's built-in legacy or inactive account tool — Google's Inactive Account Manager, Facebook's Legacy Contact, Apple's Digital Legacy — those settings override everything else. They override your will. They override your trust. They override your power of attorney. Whatever you configured on the platform wins.

Tier 2: Estate planning documents. If you did not use the platform's online tool, your will, trust, or durable power of attorney governs access. But only if the document explicitly authorizes fiduciary access to digital assets. A generic power of attorney that says "manage my financial affairs" may not be specific enough.

Tier 3: Terms of service. If neither an online tool nor an estate document addresses digital access, the platform's standard terms of service apply. Most major platforms' terms of service prohibit third-party access, meaning your executor gets nothing.

The Content vs. Catalogue Distinction

Even with proper authorization, MUFADAA draws a hard line between two types of digital information:

Catalogue information — account metadata like login timestamps, IP addresses, contacts, and transaction records. Your executor or agent can access this with standard fiduciary documentation.

Content of electronic communications — the actual text of emails, private messages, DMs, and social media posts. Under M.G.L. c. 190F, platforms are legally required to withhold this content unless the deceased explicitly authorized access in their will, trust, or power of attorney.

A will that says "I grant my executor access to all my digital accounts" is not enough. The authorization must specifically reference the content of electronic communications. Without that explicit language, Google can give your executor a list of your Gmail activity but must withhold the actual emails.

Cryptocurrency and Self-Custody Wallets

Cryptocurrency held in self-custody wallets — hardware wallets like Ledger or Trezor, software wallets, or paper wallets — presents a unique problem. There is no platform to petition for access. If your private keys or seed phrases die with you, the assets are permanently irrecoverable.

MUFADAA does not solve this because there is no custodian to compel. Your estate plan must include:

• Physical documentation of private keys and seed phrases in a secure location (safe deposit box, fireproof safe, or with your attorney)
• Explicit instructions in your will or trust about who receives the cryptocurrency and how to access the wallets
• A named fiduciary who understands how to handle the transfer — sending crypto to the wrong address is irreversible

Practical Steps for Your Digital Estate

Inventory your digital assets. Create a comprehensive list: email accounts, social media, financial platforms, cryptocurrency, domain names, cloud storage, subscription services, online businesses, digital media purchases, and loyalty accounts. Store this inventory securely — not in your will (which becomes public record during probate).

Configure platform legacy tools. Set up Google Inactive Account Manager, Apple Digital Legacy, Facebook Legacy Contact, and equivalent tools on every platform that offers them. This takes precedence over everything else under MUFADAA.

Add explicit digital asset language to your estate documents. Your will and durable power of attorney should include specific clauses authorizing your fiduciary to access, manage, and transfer digital assets — including the content of electronic communications.

Secure your password manager. If you use a password manager (1Password, Bitwarden, LastPass), your executor needs the master password or emergency access credentials. Store this alongside your estate documents.

Address digital assets with monetary value separately. Domain names, e-commerce stores, cryptocurrency, and revenue-generating social media accounts should be treated like any other financial asset — named in your trust or will with specific beneficiaries and transfer instructions.

What Happens Without Planning

If you die without addressing digital assets in your estate plan and without configuring any platform legacy tools, your executor hits a wall. Platforms default to their terms of service, which typically means:

• No access to email content
• No access to cloud-stored files
• No ability to memorialize or delete social media accounts
• Permanent loss of cryptocurrency in self-custody wallets
• No ability to access or transfer revenue-generating digital properties

The Massachusetts Estate Planning Kit includes a digital asset inventory worksheet and the specific MUFADAA-compliant authorization language needed for your will and power of attorney.

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