At Adrian Philip Thomas, P.A., we see Florida probate through a modern lens. Estates no longer include only homes, bank accounts, and heirlooms. They also include online investment portals, payment apps, cryptocurrency, and cloud storage packed with photos and documents. Each of these digital assets can carry real value, but they also create access, authorization, and preservation challenges that families do not expect during a difficult time.
Drawing on decades of probate and estate litigation across Florida and more than 230 million dollars in verdicts and settlements obtained for clients, our team helps personal representatives and beneficiaries locate, secure, and lawfully transfer digital property. This blog explains how Florida probate approaches online accounts and cryptocurrency, and offers practical steps you can take to protect both financial and sentimental value from day one.
Speak with Adrian Philip Thomas, P.A., about your Florida probate questions. Call (954) 764-7273 or request a free consultation.
How Florida probate approaches digital assets
Digital assets are part of the probate estate if the decedent owned or controlled them at death and they are not otherwise transferable by contract or held in a trust. The challenge is not whether these assets exist, but how to identify them, lawfully access them, preserve them, and distribute them according to the will or Florida intestacy rules.
Florida courts and fiduciaries increasingly treat digital assets as a broad category that includes data, files, and rights tied to online accounts. A well-prepared personal representative will move early to secure credentials, obtain provider-authorized access, and prevent deletion or account closure while the estate is being administered. Doing so preserves value, documents transactions, and prevents disputes among beneficiaries.
Common categories of digital assets in Florida estates
Digital assets show up in many forms. Understanding the landscape helps you plan inventory and access steps.
Financial accounts held online
- Online bank and brokerage portals
- Peer-to-peer payment apps with stored balances
- Digital wallets that hold cash equivalents, loyalty points, or gift credits
Cryptocurrency and digital tokens
- Bitcoin, Ethereum, and other coins held on exchanges or in cold or hot wallets
- Stablecoins or tokenized assets stored in custodial or self-custodied solutions
- Staking rewards or airdrops accrued to the decedent’s addresses
Business and creator platforms
- Seller accounts, app store payouts, SaaS subscription revenues
- Advertising accounts and creator monetization dashboards
- Domain names, hosting, and website content tied to revenue streams
Personal content and cloud data
- Photo libraries, documents, and emails stored with cloud providers
- Social media accounts and page admin rights with sentimental or marketing value
- Password managers
Licenses and nontransferable items
- Streaming libraries, software licenses, and in-app purchases that may be contractually nontransferable
First steps for personal representatives handling digital assets
Getting the first 30 to 60 days right can prevent irretrievable loss.
Secure devices and accounts
- Collect the decedent’s phone, computer, and hardware wallets
- Preserve two-factor authentication methods such as authenticator apps and phone numbers
- Disable auto-deletion and preserve backups where possible
Build a digital asset inventory
- Review mail, email, and financial statements for exchange names, subscription receipts, or payment confirmations
- Check the password manager if available
- Confirm whether any digital asset memorandum, letter of instruction, or estate planning document references accounts or wallets
Notify custodians and request lawful access
- Contact exchanges, financial institutions, and service providers to understand their estate access process
- Prepare death certificate, letters of administration, and any required affidavits
- Request account preservation to prevent closure or data purge
Preserve value and minimize volatility
- For cryptocurrency, consider moving assets to estate-controlled custody once authorized
- Evaluate whether to convert volatile positions to cash after obtaining authority and advice
- Track cost basis and transaction history for later accounting and tax reporting
Special considerations for cryptocurrency
Crypto presents unique risks because loss of private keys or seed phrases can make recovery impossible. If assets are on an exchange, the provider’s estate process often allows transfer to the estate after verifying authority. If assets are self-custodied on a hardware or software wallet, the personal representative will need the device, PIN, and seed phrase or a secure backup. Never guess at a wallet PIN that could trigger a wipe after multiple failed attempts. Document every access step, maintain an immutable transaction log, and consider professional assistance to avoid mistakes that could permanently lock funds.
Documentation, access, and privacy
Each provider sets its own policy for releasing account data or granting access after death. The estate’s legal authority generally flows from the probate court’s appointment of the personal representative. Practical success depends on presenting the right documents to the right department.
Common documents and information to gather:
- Certified death certificate
- Letters of administration or domiciliary letters naming the personal representative
- Any digital asset authorizations in the will, trust, or separate instructions
- Proof of identity for the personal representative
- Account identifiers such as email addresses, usernames, or account numbers
Balance access with privacy. Not every message or file is necessary to administer the estate. If a provider offers data export tools, consider requesting only what is needed to identify and value assets and to transfer them properly. Keep an audit trail of all requests and responses.
Valuation, accounting, and taxes
Digital assets should be valued as of the date of death for accounting purposes, and in some cases a subsequent valuation date may be relevant for tax considerations. For cryptocurrency, record the coin quantity and the spot price at the valuation time, then document any transfers or conversions with transaction IDs. For revenue-generating accounts, capture historical payouts and pending receivables. Keep detailed schedules that tie to bank statements or on-chain records to facilitate probate accountings and beneficiary reporting.
Handling nontransferable digital property
Many digital goods are governed by user agreements that grant personal, nontransferable licenses. Streaming libraries, some software licenses, and in-app purchases may not pass through probate. The personal representative should preserve data, review terms of service, and set expectations with beneficiaries about what can be transferred and what cannot. Focus on retrieving copies of important personal content if allowed, and close or memorialize accounts consistent with provider policies.
Preventing disputes over digital assets
Digital assets can spark conflict because they are easily overlooked and can be hard to value. Early, transparent communication with beneficiaries reduces surprises. Provide written updates about what has been identified, the steps taken to secure access, and the plan for distribution. Preserve and share transaction logs where appropriate. If there are signs of unauthorized transfers before or after death, investigate quickly and seek timely relief.
When business or influencer accounts are involved
If the decedent earned income online, treat the account like a business asset. Secure admin rights, prevent impersonation, and continue necessary operations under proper authority to protect enterprise value. You may need to update vendor access, pause advertising, or reassign payout information to an estate account pending distribution.
Protecting sentimental digital property
Not every valuable asset is financial. Photo libraries, family videos, and personal writings may be priceless to survivors. Identify cloud providers and shared albums, export full-resolution copies, and coordinate with family members to build a preservation plan. Consider creating curated archives for each beneficiary if the will allows, and clearly document what has been retained by the estate.
Proactive planning to simplify Florida probate later
Good planning reduces future stress. Keep an updated list of accounts and custodians, store seed phrases and recovery keys in a secure, fireproof location, and tell your personal representative where authorized instructions will be found. Consider a trust strategy to hold specific digital assets that require ongoing management or that would benefit from bypassing probate altogether. Ensure your estate plan addresses digital content, not just traditional property.
How Adrian Philip Thomas, P.A. supports Florida probate with digital assets
For more than two decades, Adrian Philip Thomas, P.A. has guided families and fiduciaries through complex probate and estate litigation across Florida. The firm has obtained over 230 million dollars in verdicts and settlements for clients, a reflection of disciplined case preparation and advocacy. When digital assets are involved, the team coordinates with custodians, secures access, protects value, and documents each step to support accurate accountings and fair distributions.
The firm also helps personal representatives navigate disputes involving allegations of unauthorized transfers, undue influence, or missing asset disclosures. With a statewide practice, the team understands the practical differences between provider policies and the realities of administering estates that include cryptocurrency, cloud content, and online business revenue streams.
Frequently Asked Questions
What should I do first if I suspect the estate includes cryptocurrency?
Start by securing the decedent’s devices, hardware wallets, and any backup seed phrases. Preserve two-factor authentication methods and avoid guesswork that could lock devices. Then consult counsel to contact exchanges or custodians and request lawful access based on your appointment documents.
Can a personal representative access the decedent’s email to find account statements?
Access depends on provider policies and the estate’s authority. Many providers will share data or limited access upon receiving the death certificate and letters of administration. Request only what is necessary to identify and value assets and to transfer property properly.
Are loyalty points, airline miles, and gift balances part of the estate?
Sometimes. Many rewards programs are contractual and may restrict transfer at death. Review program terms and ask the provider about survivor options, which can include transfers, redemptions by the estate, or expiration.
How are crypto values reported in the probate accounting?
List the coin quantities and the fair market value at the valuation date, then show subsequent conversions or transfers with transaction IDs. Keep a consistent pricing source and document all exchange fees. Include notes that reconcile on-chain activity to estate bank accounts.
What if I cannot find passwords or seed phrases?
All is not lost if assets are held with a custodial exchange that recognizes estate procedures. If assets are self-custodied and there is no recovery method, options may be limited. Preserve evidence of ownership for the inventory and consult professionals who can assess safe recovery attempts without risking data loss.
Can beneficiaries request copies of photos or personal files?
Often yes, if allowed by the provider’s policies and the estate plan. Establish a process to export and share content while protecting sensitive information. Clarify whether the estate is distributing copies, original accounts, or curated archives.
Do I need a separate appraisal for valuable domain names or online businesses?
Yes. Digital businesses, high-traffic domains, and monetized content may require specialized valuation. An appraisal supports accurate inventory, fair distribution, and potential sales decisions.
Move quickly to protect digital value in Florida probate
Time matters with online accounts and cryptocurrency. Acting early to secure access, freeze deletions, and coordinate with providers can preserve both financial and sentimental value for your family in Florida.
Schedule your confidential case review with Adrian Philip Thomas, P.A. Call (954) 764-7273 or submit the form to get started.
