Traditional Estate Planning and Digital Asset Trusts in Florida: What You Need to Know

At The Law Offices of Carolina Nunez, P.A., Attorney Carolina Nunez helps individuals and families throughout Orlando, Winter Park, Daytona Beach, Kissimmee, Sanford, Lake Mary, DeLand, and all of Central Florida create comprehensive estate plans that bridge the gap between traditional planning and the modern digital economy. Call (407) 900-FIRM to schedule a consultation.

Traditional Estate Planning and Digital Asset Trusts in Florida:

What You Need to Know

Estate planning has always been about protecting what matters most: your family, your assets, and your legacy. In 2026, the definition of assets has expanded far beyond bank accounts, real estate, and personal property.

Today, digital assets including cryptocurrency holdings, online investment accounts, digital business revenue, social media profiles, cloud storage, and digital intellectual property represent a significant portion of many individuals' total wealth.

A traditional estate plan that does not address digital assets is incomplete and may leave your family without the legal authority to access, manage, or transfer some of your most valuable property.

What Is Traditional Estate Planning in Florida?

Traditional estate planning refers to the foundational legal documents and strategies that protect your assets, designate decision-makers, and provide for your loved ones during incapacity and after death.

In Florida, a comprehensive traditional estate plan typically includes a last will and testament governed by the Florida Probate Code, a revocable living trust created under the Florida Trust Code (Chapter 736), a durable power of attorney, a healthcare surrogate designation, a living will, and beneficiary designations on retirement accounts and life insurance policies.

These documents work together to ensure that your assets are distributed according to your wishes, that someone you trust can manage your financial and medical affairs if you become incapacitated, and that your estate avoids the delays and costs of probate wherever possible.

A properly funded revocable trust is the cornerstone of most Florida estate plans because it allows assets to pass directly to beneficiaries without going through probate court.

Why Traditional Estate Plans Fall Short on Digital Assets

Most estate plans created before 2016 do not mention digital assets at all. Even many plans drafted after 2016 include only generic language that may not give fiduciaries the specific authority they need to access cryptocurrency wallets, manage online business accounts, or recover digital intellectual property. The problem is twofold.

First, digital assets are governed not only by state trust and probate law but also by federal privacy statutes like the Stored Communications Act and by the terms-of-service agreements that every user accepts when creating an online account.

Second, many digital assets are secured by private keys, seed phrases, or multi-factor authentication that exist only in the owner's possession. If the owner dies or becomes incapacitated without making arrangements, those assets may become permanently inaccessible.

This is why modern estate planning must go beyond wills and trusts. It must include specific provisions for digital assets, explicit authorization for fiduciaries to access digital accounts, and practical instructions for how to locate and manage those assets.

The Florida Fiduciary Access to Digital Assets Act

Florida addressed this gap in 2016 by enacting the Florida Fiduciary Access to Digital Assets Act (Chapter 740), modeled on the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). This law gives personal representatives, trustees, agents under a power of attorney, and guardians the legal authority to access and manage a user's digital assets, but only if the user has granted that authority through one of three mechanisms.

The first mechanism is an online tool provided by the custodian, such as Google's Inactive Account Manager or Facebook's Legacy Contact. If you use one of these tools, your choice controls, even over your will or trust.

The second mechanism is your estate planning documents. If you have not used an online tool, your fiduciary can gain access if you have specifically authorized it in your will, trust, or power of attorney.

The third mechanism is the default access provided by the statute itself, which gives fiduciaries only limited access, typically to a catalog of electronic communications rather than the full content.

The practical takeaway is clear: if you want your trustee, personal representative, or agent to have meaningful access to your digital assets, you must explicitly authorize it in your estate planning documents.

Relying on the default provisions of Chapter 740 alone may leave your fiduciary with access to email subject lines but not the emails themselves, access to account names but not account content, and no authority to manage, transfer, or liquidate cryptocurrency or other digital holdings.

What Is a Digital Asset Trust?

A digital asset trust is a trust specifically designed to hold, manage, and transfer digital assets. It can be structured as a standalone trust or as a provision within your existing revocable living trust. The key advantage of using a trust for digital assets rather than a will is that trusts avoid probate.

Probate is a public process, any information about your digital holdings disclosed in probate filings becomes part of the public record. A trust keeps that information private.

A well-drafted digital asset trust should identify all categories of digital assets to be included, such as cryptocurrency, NFTs, domain names, digital business accounts, cloud storage, email accounts, and social media profiles.

It should designate a digitally competent trustee who understands how to manage private keys, hardware wallets, and multi-signature configurations. It should include explicit authorization for the trustee to access all digital accounts under the Florida Fiduciary Access to Digital Assets Act. It should provide instructions for the secure transfer of access credentials, seed phrases, and encryption keys. It should also address the tax implications of transferring digital assets, particularly cryptocurrency that may trigger capital gains events.

Integrating Digital Asset Trusts With Traditional Wills and Trusts Planning

The most effective approach is not to choose between traditional estate planning and digital asset planning but to integrate both into a single comprehensive strategy.

• Your revocable living trust under the Florida Trust Code can be amended or restated to include specific digital asset provisions.

• Your durable power of attorney should include language that grants your agent authority to access and manage digital accounts during your lifetime.

• Your healthcare surrogate designation should address whether your surrogate has authority to access health-related apps and digital medical records.

• Your will should contain a residuary clause that captures any digital assets not specifically transferred to the trust.

  
  

For individuals who hold significant cryptocurrency or blockchain-based assets, Attorney Carolina Nunez brings both estate planning knowledge and blockchain and crypto law experience to the table, ensuring that your digital assets are protected by someone who understands both the legal framework and the underlying technology.

Checklist:

Protecting Your Digital Assets in Your Estate Plan

✔ Create an inventory of all digital assets including crypto wallets, online accounts, and cloud storage

✔ Include explicit digital asset provisions in your revocable trust and power of attorney

✔ Designate a digitally competent trustee or co-trustee for digital asset management

✔ Store private keys, seed phrases, and passwords securely with instructions for your fiduciary

✔ Use platform-specific online tools like Google Inactive Account Manager and Facebook Legacy Contact

✔ Authorize fiduciary access to digital assets under Florida Statutes Chapter 740

✔ Review and update your digital asset inventory and estate plan annually

✔ Work with an attorney who understands both estate planning law and blockchain technology

Frequently Asked Questions

Can I include cryptocurrency in a Florida revocable trust?

Yes. Cryptocurrency and other digital assets can be transferred into a revocable living trust under the Florida Trust Code. The trust document should include specific provisions authorizing the trustee to manage digital assets and providing instructions for accessing private keys and wallets.

What happens to my crypto if I die without an estate plan?

Without an estate plan, your cryptocurrency passes through intestate succession under Florida law. However, if no one knows your private keys or seed phrases, the assets may be permanently lost. Even if a court appoints a personal representative, they may not have the technical access needed to recover the funds.

Does a will cover digital assets in Florida?

A will can address digital assets, but wills go through probate, which is a public process. A revocable trust provides better privacy protection for digital asset information. Additionally, the will must contain explicit digital asset authorization language to comply with the Florida Fiduciary Access to Digital Assets Act.

What is the difference between a digital asset trust and a regular trust?

A digital asset trust includes specific provisions for managing digital property, including authorization under Chapter 740, instructions for accessing encrypted assets, designation of a tech-savvy trustee, and guidance on the unique tax and transfer considerations that apply to cryptocurrency and other blockchain-based assets.

Protect Your Legacy — Contact Attorney Carolina Nunez Today

Whether you need a comprehensive estate plan from scratch, want to update an existing plan to include digital assets, or are looking to create a dedicated digital asset trust for your cryptocurrency and online holdings, Attorney Carolina Nunez serves clients throughout Orlando, Winter Park, Daytona Beach, Kissimmee, Sanford, Lake Mary, DeLand, Altamonte Springs, Casselberry, Oviedo, Deltona, and all of Central Florida.

Call (407) 900-FIRM or click here to fill out our online case review to schedule a consultation with The Law Offices of Carolina Nunez, P.A..