Protect Digital Assets in Wisconsin Estate & Probate

Why Digital Assets Matter in Wisconsin Estate Planning

Banking, investments, business tools, photographs, domain names, cryptocurrencies, and social media now live behind usernames, passwords, and two-factor authentication. Without clear legal authority and documented access, loved ones and fiduciaries may face delays or be denied access. Planning for digital assets helps preserve sentimental content, avoid financial loss, and ensure compliance with provider terms and privacy laws.

What Counts as a Digital Asset

• Email accounts
• Cloud storage and photo libraries
• Social media profiles and messaging apps
• Online banking, brokerage, and retirement portals
• Payment platforms and digital wallets
• Cryptocurrency and NFTs
• Online businesses, storefronts, and advertising accounts
• Domain names and websites
• Subscription and rewards accounts
• Device-stored data such as contacts and documents

Wisconsin’s Legal Framework: RUFADAA

Wisconsin has enacted RUFADAA, codified at Wis. Stat. ch. 711. The statute establishes a clear priority system for authorizing disclosure of digital assets: (1) your direction in a provider’s online tool; (2) your will, trust, power of attorney, or other record; and then (3) the provider’s terms of service. An online tool designation controls if it conflicts with your will or trust (Wis. Stat. § 711.04).

RUFADAA distinguishes between the content of electronic communications (e.g., the body of emails or messages) and other digital assets (e.g., contact lists, file names, account records). For a deceased user, disclosure of content to a personal representative generally requires evidence of the user’s consent (or a qualifying court order finding consent), plus specified documentation (Wis. Stat. § 711.06). For a living principal, an agent under a power of attorney may obtain content only if the power of attorney expressly authorizes it and statutory conditions are met (Wis. Stat. § 711.08).

By contrast, disclosure of other digital assets (non-content) can be authorized more broadly with the required proof of authority and documentation for a deceased user (Wis. Stat. § 711.07) and for a living principal (Wis. Stat. § 711.09). Guardians’ access is subject to court approval and statutory limits (Wis. Stat. § 711.10).

Providers may satisfy requests by disclosing a copy of data or limited information rather than granting full account control, and they may require specific forms and procedures for compliance (Wis. Stat. § 711.11).

Your Fiduciaries and Their Authority

Under RUFADAA, a personal representative may manage a decedent’s digital assets as authorized by the will and statute; a trustee may access digital assets held in or related to a trust as authorized by the trust instrument; an agent under a power of attorney may be granted authority to access digital assets during your lifetime; and a guardian’s access requires court oversight and is limited by statute (Wis. Stat. ch. 711). Clear, affirmative consent in your documents—especially for the content of electronic communications—helps fiduciaries obtain necessary access while respecting privacy.

Practical Steps to Protect Digital Assets

• Inventory: Create and maintain a confidential list of accounts, devices, domains, subscriptions, and crypto wallets. Note where keys, seed phrases, or hardware wallets are stored.
• Use Online Tools: Where a provider offers a legacy or inactive account manager tool, set your preferences and name trusted contacts (§ 711.04 priority).
• Update Estate Documents: Include explicit RUFADAA consent language in your will, trust, and financial power of attorney, distinguishing access to communications content versus other digital assets (§ 711.06; § 711.08).
• Secure Credentials: Store passwords and two-factor backups (e.g., authenticator recovery codes, hardware keys) in a secure password manager or vault with fiduciary access instructions.
• Plan for Crypto and NFTs: Document custody (exchange, hardware wallet, multisig), location of seed phrases, and transfer instructions. Do not place seeds or private keys in the will itself.
• Business and Domain Assets: Clarify ownership and succession for domains, websites, ad accounts, app store accounts, and SaaS tools critical to operations.
• Data Privacy Choices: State whether you want certain communications deleted, archived, or transferred, and whether memorialization settings should be used on social platforms.
• Records for Probate: Keep copies of death certificates, letters of authority, trust certificates, and any provider-required forms ready for your fiduciary.

Coordinating With Service Providers

Expect providers to follow internal procedures. They may require specific consents, court documents, or use of their online tools, and they may provide partial data instead of full access. Using provider legacy tools and aligning your estate documents with RUFADAA increases the likelihood of timely access and reduces disputes (§ 711.04; § 711.11).

Common Challenges in Wisconsin Estates

• Missing or invalid consent for electronic communications content can block access to emails and messages (§ 711.06).
• Two-factor authentication devices or recovery codes are lost, preventing fiduciary login.
• Crypto assets become inaccessible due to misplaced seed phrases or hardware wallets.
• Business continuity suffers when domains, websites, or ad accounts are tied to a personal email with no successor access.
• Conflicts between online tool designations and will or trust terms create ambiguity—RUFADAA gives the online tool priority (§ 711.04).

How a Wisconsin Attorney Can Help

Counsel can add RUFADAA-compliant language to your will, trust, and powers of attorney; coordinate online tool designations with your documents; structure secure credential-sharing and contingency access; integrate digital asset planning with tax and business succession; and guide personal representatives and trustees through provider requests during probate and trust administration. Contact our team to get started.

FAQs

Do I need to give consent to access my email content?

Yes. Under Wisconsin’s RUFADAA, disclosure of the content of electronic communications generally requires your consent via an online tool or your estate planning documents, or a qualifying court order.

What if my online tool conflicts with my will?

The online tool controls and has priority over conflicting instructions in your will or trust under Wis. Stat. § 711.04.

Can my agent access my digital assets while I am living?

Yes, if your power of attorney grants that authority. Access to content of communications requires express authorization and compliance with statutory conditions.

How should I handle cryptocurrency in my plan?

Document custody, where seed phrases are stored, and transfer instructions. Keep seeds and private keys out of the will and store them securely.

Will providers give full account access?

Not always. Providers may disclose copies or limited information and may require their own forms and documentation.

Getting Started

Begin with a digital asset inventory and review your major providers’ legacy tools. Then meet with a Wisconsin estate planning attorney to update your documents with explicit digital asset provisions and implementation steps tailored to your accounts, devices, and family needs. If you are administering an estate or trust, we can help you navigate provider requirements and the statute’s documentation standards. Schedule a consultation.

Sources

• Wisconsin Statutes, Chapter 711 — Digital Property
• Wis. Stat. § 711.04 — User direction for disclosure of digital assets
• Wis. Stat. § 711.06 — Disclosure of content of electronic communications of deceased user
• Wis. Stat. § 711.07 — Disclosure of other digital assets of deceased user
• Wis. Stat. § 711.08 — Disclosure of content of electronic communications of principal
• Wis. Stat. § 711.09 — Disclosure of other digital assets of principal
• Wis. Stat. § 711.10 — Disclosure of digital assets of ward
• Wis. Stat. § 711.11 — Form of disclosure; compliance

Last reviewed

October 23, 2025

Disclaimer

This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Consult a Wisconsin-licensed attorney about your specific situation.