Digital Assets include any electronically stored information—such as email accounts, photos, cloud documents, social media profiles, online financial accounts, and other data held by a service provider. Under Texas Estates Code Chapter 2001, access to these assets after death or incapacity is granted in a tiered manner: first through any online tool offered by the provider (if the user designated a recipient); next through estate-planning documents such as a Will, Trust, or Statutory Durable Power of Attorney (which may grant express authority to a fiduciary); and finally, through limited statutory default access if the user left no instructions. Content of electronic communications is highly protected and may be disclosed only with the user’s express consent, while catalogs and general digital information may be released to authorized fiduciaries as needed for administration.
