This standard defines a practical coordination role referred to as the "digital executor." The term does not by itself establish a legally recognized fiduciary office or grant authority to access, control, transfer, or delete digital accounts. Legal authority may instead arise from appointment as a personal representative, applicable estate documents, platform-designated legacy tools, court orders, or applicable law. This standard addresses the practical responsibilities of the role — not the legal authority to act.
This standard applies to any person designated or appointed to manage a deceased person's digital accounts and online assets — whether designated in advance by the account holder or appointed by the estate after death. The role defined by this standard is referred to throughout as the "digital executor."
This standard covers:
This standard does not cover:
Relationship to legal executor: In most estates, the legal executor (appointed by will or court) and the digital executor are the same person. This standard applies equally in both cases. Where they are different people, the digital executor acts under the authority and direction of the legal executor and has no independent legal authority over estate assets.
A digital executor is responsible for the following activities during estate administration. These responsibilities define the role — they do not determine the legal authority to act, which is governed by applicable law and fiduciary appointment.
Clearly defining the boundaries of the digital executor role is as important as defining the responsibilities themselves. The following activities are outside the scope of adequate digital executor performance under this standard — either because they require legal authority the digital executor may not hold, or because they require professional expertise beyond the role's scope.
| Activity | Why It's Outside Scope | Appropriate Referral |
|---|---|---|
| Providing legal advice about digital asset rights | Requires a licensed attorney. RUFADAA interpretation, executor authority disputes, and platform access conflicts are legal matters. | Estate or probate attorney |
| Making tax decisions about digital financial assets | Cryptocurrency gains, business revenue, and investment account distributions have tax implications requiring professional guidance. | CPA or tax advisor with estate experience |
| Accessing accounts without lawful authority | Guessing passwords, bypassing security, or accessing accounts based solely on family relationship may violate the Computer Fraud and Abuse Act and platform terms. | Estate attorney for authority questions |
| Making unilateral decisions about sentimental account content | Decisions about deleting, memorializing, or distributing content with family sentimental value should involve relevant family members. | Family consensus process |
| Recovering self-custody cryptocurrency without seed phrase | No legal, technical, or administrative process exists to recover self-custody cryptocurrency without the seed phrase. Claiming otherwise would be misleading. | No referral available — document as unrecoverable |
| Valuing digital assets for estate tax purposes | Formal valuation of digital business assets, intellectual property, or significant cryptocurrency holdings requires professional appraisal. | Certified appraiser or CPA |
A person designated as digital executor should have — or acquire prior to acting — working knowledge in the following areas. These are not certification requirements. They define the knowledge base that enables adequate performance of the role.
Knowledge acquisition: A person with no prior experience in digital estate administration can acquire adequate working knowledge through Vera Legacy's published resources — the Vera Legacy Digital Estate Checklist, RUFADAA State Guide, and this standard series. Platform-specific bereavement procedures should be verified using each platform's current official policies. Professional assistance is available when the complexity of an estate exceeds the digital executor's individual capacity.
Designating a digital executor before death — rather than leaving the appointment to be made by surviving family under stress — significantly improves estate administration outcomes. This section defines what adequate pre-death designation looks like.
| Element | Requirement | Notes |
|---|---|---|
| Named individual | Mandatory | A specific named person, not a role title. "My eldest child" is not an adequate designation; "Jane Smith" is. |
| Alternate designee | Recommended | A named backup in case the primary designee is unable or unwilling to serve. |
| Written documentation | Mandatory | The designation must be written. Oral designations are not adequate for this standard, as they cannot be verified after death. |
| Scope of authority | Recommended | A brief statement of what the digital executor is and is not authorized to do — particularly relevant if the digital executor is different from the legal executor. |
| Notified during lifetime | Recommended | The designated digital executor should be informed of their designation before the account holder's death and should confirm willingness to serve. |
| Location documented | Mandatory | The designation document's location must be known to at least one trusted person or the estate attorney. A designation that cannot be found is effectively no designation. |
Will integration: The most effective designation is one explicitly included in the will or trust document with specific language granting digital asset authority under RUFADAA. This elevates the designation from a personal preference to Tier 2 legal authority under RUFADAA's three-tier priority system. Estate attorneys should be consulted for appropriate language in their jurisdiction.
A digital executor meeting the requirements of this standard maintains a record of their administration activities. This documentation protects the digital executor from later disputes, provides an audit trail for the estate, and enables handoff if the digital executor is unable to complete the work.
Vera Legacy Standards are independent, voluntary practice frameworks developed by Vera Legacy for practical use in digital estate planning and administration. They are not laws, regulations, legal advice, or government-recognized standards.
Use and citation: Free to reference, cite, link to, and use internally with attribution to Vera Legacy. Contact hello@veralegacy.com for permissions.
Vera Legacy. (2026). VLS-002: Digital Executor Standard. Version 1.0, First Edition. https://veralegacy.com/standards/vls-002/