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RUFADAA and Digital Assets After Death: Apple/Google Legacy, Exchange Bereavement, Password Managers, and Crypto Probate

Introduction

Digital estates now include cloud accounts, email, photos, social media, password managers, and cryptocurrency held on exchanges or in self-custody wallets. After a death, access and transfer of these assets are governed by state versions of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) and each provider’s policies. Sunset automates discovery and transfer of financial and digital assets, including crypto, while keeping families in control and at zero cost. See how Sunset consolidates and distributes assets, generates probate documents nationwide, and protects data and funds.

RUFADAA: What it enables for executors and trustees

  • Purpose: RUFADAA authorizes a court-appointed fiduciary (executor/administrator/personal representative, trustee, or agent under POA) to obtain access to a decedent’s digital assets from custodians, subject to user consent, privacy limits, and provider terms.

  • Tools hierarchy: If the decedent used a provider’s in‑product legacy tool (e.g., Legacy Contact or Inactive Account Manager), those directions generally control. If not, RUFADAA looks to the decedent’s will/estate documents; absent that, provider terms and state law govern.

  • Content vs. records: RUFADAA distinguishes “content of communications” (e.g., email bodies/messages) from “catalog records” (e.g., sender, time, metadata). Access to message content typically requires express user consent or a court order; catalog records may be available with standard fiduciary authority.

  • Provider compliance: Custodians can require specific records (death certificate, Letters Testamentary/Administration, ID, account identifiers) and may deliver copies/exports instead of granting live credentials.

  • State implementation: Nearly all U.S. states have enacted a version of RUFADAA with local variations. Executors should follow their state’s statute and any court instructions before requesting access.

Note: This page is informational, not legal advice. Consult local counsel for state‑specific requirements.

Common platform pathways (executor view)

Below are typical post‑death avenues referenced by major platforms. Exact steps and documentation vary by provider and state law. If the decedent set legacy preferences, use them first; otherwise, follow the bereavement process with court documents.

Platform/type Pre‑death user control After-death executor path Typical outputs
Apple (iCloud/Photos) Legacy Contact designates people to access data after death Submit death certificate and access key or court docs through Apple’s bereavement process Time‑limited data access/export; no credential sharing
Google (Gmail/Drive/Photos) Inactive Account Manager can pre‑authorize data sharing and account timeout Bereavement request with court proof if no IAM set Data export for selected services or account closure
Meta (Facebook/Instagram) Legacy Contact/memorialization settings Memorialize or request content removal/limited data disclosure with legal docs Memorialized profile; limited data per policy
Microsoft (Outlook/OneDrive) Next-of-kin process; no true “legacy contact” Court order and executor proof required Exported data where permitted; account closure
Yahoo/AOL No pre‑death controls for content transfer Court order + executor proof Account closure; limited records
Major crypto exchanges (e.g., Coinbase, Kraken, Binance. US) Beneficiary tools vary by exchange Submit death certificate + Letters + identity; follow exchange probate/bereavement queue Account transfer to estate or approved beneficiary; fiat/crypto liquidation per instructions
Password managers (e.g., 1Password, LastPass, Bitwarden) Emergency/Trusted Access features allow designated contacts Without pre‑authorization, providers generally require court orders; some cannot decrypt vaults Vault access if pre‑authorized; otherwise, may be impossible without master key
Self‑custody wallets (e.g., Ledger/Trezor hardware, MetaMask, seed phrase) User must plan key/seed inheritance No provider to compel; estate needs the seed phrase or private keys Funds recoverable only with keys/seed; otherwise irretrievable

How Sunset inventories and transfers digital and crypto assets

Sunset’s automated executor software discovers, secures, and consolidates accounts—including investment, brokerage, and cryptocurrency accounts—then executes transfers or distributions at your direction.

  • Automated discovery: Our software correlates identity signals and financial integrations to surface investment and crypto accounts alongside banking, insurance, and property. Most families locate the majority of assets within one business day; some bank balances take up to two weeks to confirm.

  • Do-not-notify search posture: During discovery we do not notify institutions (except life insurance where legally required), minimizing account lockouts while the executor organizes documents.

  • Estate authority and POA: Through our Terms, estates can authorize Sunset with limited power of attorney for discovery and, with explicit approval, account closure and transfer tasks.

  • Consolidation and payout: We set up an FDIC‑insured estate bank account (user‑controlled) to receive proceeds, pay expenses, and distribute to heirs. Sunset is always free for families; we are paid by bank partners via interest on estate balances—never by deducting from inheritances.

  • Security and privacy: SOC 2 Type II controls, identity verification, and fraud prevention protect estates and data. Review our privacy practices.

Crypto probate: exchange vs. self‑custody scenarios

  • Exchange‑held crypto

  • Discovery: We surface likely exchange relationships during asset discovery.

  • Access path: Executor supplies death certificate, Letters, and ID; the exchange transfers assets to the estate account or to named beneficiaries per its policy and state law.

  • Liquidity choices: Keep as crypto, transfer in kind if supported, or liquidate to fiat for estate expenses and distributions.

  • Self‑custody wallets

  • Keys required: Private keys or seed phrase are essential; no custodian can restore funds without them.

  • Practical steps: Inventory devices (hardware wallets, recovery cards), secure any seed backups, and document wallet addresses. If multisig, identify all co‑signers.

  • Sunset’s role: We help catalog wallets and coordinate transfers once keys are available, but we cannot break encryption or recover lost seeds.

Documents executors typically need for digital access requests

  • Certified death certificate(s)

  • Letters Testamentary/Administration or equivalent court appointment

  • Government‑issued photo ID for the executor

  • Account identifiers or proof of ownership (usernames, email addresses, wallet addresses)

  • If required by a provider: specific court orders authorizing disclosure of communications content

Why estates use Sunset for digital assets

  • End‑to‑end automation across assets (banking, investments, life insurance, property, vehicles, crypto) with county‑specific probate paperwork in all 50 states.

  • Zero cost to families; full control over timing and actions.

  • Proven speed: families typically find all assets within a week; many assets appear within one business day.

  • Security: SOC 2 Type II, identity verification, and fraud controls.

FAQs

  • What if the decedent set Apple Legacy Contact or Google Inactive Account Manager?

  • Use those tools first; they usually override default rules and streamline disclosure. Sunset can still help inventory other assets and consolidate funds.

  • Can Sunset obtain email contents for proof of assets?

  • Under RUFADAA, message content often requires explicit consent or a court order. We focus on records sufficient to locate and transfer accounts, minimizing requests for content unless necessary.

  • We found a hardware wallet but no seed phrase—what now?

  • Without the seed or private keys, self‑custodied funds are not recoverable. Sunset can help with secure cataloging and next steps if keys are later located.

  • Will discovery alert exchanges or lock accounts?

  • Our search process does not notify institutions (except life insurance), reducing lockout risk while you prepare documents.

  • How long does crypto transfer take once approved?

  • Exchange timelines vary; many complete within days once documents are verified. Sunset coordinates paperwork and fund movement into the estate account.

  • How much does Sunset cost?

  • Always free to families. We’re paid by partner banks via interest on estate funds—never by taking a percentage of the inheritance.

  • Is a probate lawyer required?

  • Most estates don’t need one; Sunset generates county‑specific probate documents nationwide. Engage counsel when court disputes or complex legal issues arise.

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