A retiree who dies leaving a will, a list of bank accounts, and a filing cabinet full of paperwork can still leave an estate stuck for months over something none of that paperwork covers: the online banking login, the email account tied to two-factor authentication codes, and the handful of financial apps that never printed a single paper statement. Without a list of those accounts and how to get into them, an adult child settling the estate can spend weeks locked out of money that everyone agrees is rightfully theirs to distribute.
Why an Executor Doesn’t Automatically Get In
The assumption that a named executor can simply log into a parent’s accounts after death is wrong more often than families expect. According to the American Bar Association’s Real Property, Trust and Estate Law Section, “an Executor or Personal Representative does not automatically gain access to all of the deceased person’s online accounts unless the deceased person has provided specific consent.” That consent generally has to take one of two forms: an “online tool” the account holder activated in life, directing the provider to release account contents to a named person after death, or explicit language in the will authorizing the executor to access digital property. Absent either one, the ABA notes that legal representatives typically will not receive access to non-work email or similar electronic communications, and access to other online accounts depends entirely on what that provider’s terms of service allow.
Having the username and password in hand does not solve the problem on its own. Terms-of-service agreements for many platforms specify that only the original account holder may access the account, which means logging in as someone else, even with their knowledge and blessing, can violate the provider’s terms even after that person has died.
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The Law That Was Supposed to Fix This
Most states have adopted some version of the Revised Uniform Fiduciary Access to Digital Assets Act, a model law drafted by the Uniform Law Commission specifically to give fiduciaries a legal path into a deceased person’s digital accounts. According to Nolo’s explanation of the law, the revised version deliberately narrowed an earlier, broader draft after pushback from technology companies and privacy advocates: an executor no longer has automatic authority over the content of private communications like email and direct messages unless the deceased person explicitly consented to disclosure, and gaining access to other digital assets can require petitioning a court and explaining why the asset is needed to wrap up the estate. Custodians, meaning the companies that hold the accounts, are permitted under the law to demand court orders, limit access to only what is “reasonably necessary,” charge fees to comply, and refuse requests they consider unduly burdensome.
In other words, the law that exists to solve this problem still routes most requests through paperwork, court involvement, or both — none of which moves quickly, and all of which can be avoided entirely with a small amount of planning done while the account holder is alive.
The Accounts Families Tend to Forget
The paper accounts a family already knows about — the checking account, the brokerage statement, the paper savings bond — are rarely the problem, because a death certificate and some patience are usually enough for a bank or transfer agent to act. The gap shows up with anything that exists only online: a high-yield savings account at an internet-only bank with no paper statements, a robo-advisor or investment app tied to a phone number and a two-factor code, a cryptocurrency exchange account, or bill-pay and subscription services drafting from an account no one else knows exists. Each of those providers sets its own rules for what an heir or executor has to show before it will even discuss the account, and each rule sits inside a terms-of-service agreement most account holders never read closely.
What Actually Prevents the Lockout
Nolo’s guidance is direct about the fix: write down, somewhere outside the will, a full list of online accounts along with instructions for what to do with each one, and keep that list updated as accounts and passwords change. The will itself is the wrong place for this information, since a will becomes a public document once filed with probate court; a private letter or note kept alongside other important papers, and its location shared with the person who will need it, works better. Activating any “legacy contact” or similar disclosure setting a platform offers is a useful second layer, since it gives the provider a documented, on-file instruction rather than relying solely on paperwork produced after death. For a retiree who has already spent time organizing a will and beneficiary forms, adding a simple, regularly updated account list closes one of the last gaps that can leave heirs waiting.
This article was produced with the assistance of AI and reviewed by The Financial Wire editorial team.
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Warren Cohen is a finance writer based in Phoenix, Arizona, covering personal finance topics including credit, banking, and beginner investing. He earned his degree in business administration from Arizona State University and began his career working in consumer finance, where he gained direct experience with lending and credit systems. He now writes for personal finance websites and fintech platforms, focusing on clear, practical content that helps readers make informed financial decisions.
