Florida Estate Planning — Digital Assets

Digital Assets & Cryptocurrency
in Florida Estate Planning

An estimated $135 billion in Bitcoin alone is believed to be permanently inaccessible due to lost private keys and poor estate planning. In Florida, cryptocurrency, NFTs, and online accounts are legal property — but only your heirs know where to find them and how to access them if you plan ahead.

By Arthur Simpson, Esq. Florida Estate Planning Attorney Last Updated: May 2025

Florida estate planners have long helped clients pass on real estate, brokerage accounts, retirement funds, and business interests. Today, a growing class of clients holds significant wealth in a different form: cryptocurrency, NFTs, online investment accounts, digital businesses, and intellectual property stored only in the cloud.

These assets present unique estate planning challenges. Unlike a bank account that a surviving spouse can access with a death certificate, a Bitcoin wallet with a lost private key is gone — permanently and irrecoverably. Unlike a brokerage that is regulated and required to work with an estate, a DeFi protocol operates with no customer service desk and no exception process.

Florida law provides a framework for digital asset inheritance under F.S. Chapter 740 (RUFADAA), but the law can only help if you have set up your estate plan to authorize fiduciary access — and if you have documented how to access your assets before you die.

What Are Digital Assets Under Florida Law?

Florida's Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA, F.S. Chapter 740) defines a digital asset broadly as any "electronic record in which an individual has a right or interest." This includes:

The Fundamental Problem: Access Without the Key

Traditional assets pass through a well-established legal infrastructure. Banks have probate claim processes. Brokerages transfer accounts to beneficiaries with verified documentation. Social Security and life insurance have clear procedures.

Cryptocurrency — particularly self-custodied cryptocurrency held in a hardware wallet (Ledger, Trezor) or software wallet (MetaMask) — operates entirely outside this infrastructure. The only access mechanism is the private key or the 24-word seed phrase (BIP-39 recovery phrase). There is no customer support to call. There is no "forgot my password" recovery. If the seed phrase is lost, the assets are permanently unrecoverable — no matter what a Florida court orders.

⚠ Do Not Put Private Keys or Seed Phrases in Your Will Wills become public record when admitted to probate in Florida. Writing your seed phrase or private key in your will exposes it to anyone who accesses the court record — which includes bad actors who routinely scan probate filings for usable information. Private key and seed phrase information must be stored securely and privately, with a trusted fiduciary or in a sealed, separately maintained document referenced by your estate plan but not filed publicly.

Florida's RUFADAA: The Legal Framework for Fiduciary Access

Before RUFADAA (adopted in Florida effective July 1, 2016), a personal representative or trustee who tried to access a deceased person's online accounts was technically violating the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the federal Stored Communications Act (18 U.S.C. § 2701) — even when acting in their official fiduciary capacity.

RUFADAA resolves this by establishing a legal hierarchy of access rights:

  1. The online tool — If the platform (Google, Facebook, Coinbase, etc.) provides a digital tool for the user to designate what happens to their account after death (e.g., Google Inactive Account Manager, Facebook Legacy Contact), the user's designations in that tool control above all else
  2. The estate planning documents — If there is no platform-specific tool designation, the user's will, trust, or power of attorney controls — but only if those documents contain explicit RUFADAA authorization language
  3. The platform's terms of service — If neither of the above provides direction, the platform's terms of service govern
Important: Generic Fiduciary Language Is Not Enough Boilerplate fiduciary authorization in a will or trust typically does not extend to digital assets without explicit RUFADAA language. Your estate planning documents should specifically state that your personal representative, trustee, and agent under your power of attorney are authorized to access, manage, and distribute digital assets — including by using usernames, passwords, and encryption keys — pursuant to F.S. § 740.002.

Exchange-Held vs. Self-Custodied Crypto: Different Problems

FeatureExchange-Held Crypto (Coinbase, Kraken, etc.)Self-Custodied Crypto (Hardware/Software Wallet)
Access after deathEstate claim process with death certificate + legal docsRequires private key or 24-word seed phrase
Recovery if access info lostPlatform support may assist with identity verificationImpossible — no recovery mechanism
Hacking/theft riskPlatform-level security (exchange hacks do occur)Physical device theft; seed phrase theft
FDIC/SIPC protectionNo (crypto is not FDIC/SIPC insured)No
Estate planning complexityModerate (beneficiary designation or trust ownership)High (seed phrase storage is critical)
PrivacyExchange has your identity (KYC)High (wallet may be pseudonymous)
Recommended approachTitle account in trust or name trust as beneficiaryMulti-location seed phrase storage; trustee access instructions

The Digital Asset Memorandum: The Key Document

The most effective tool for passing digital assets is a Digital Asset Memorandum — a separate, private document (not filed with any court) that provides your fiduciary with everything needed to locate and access your digital assets. Your will and trust should reference this document by name and authorize your fiduciary to rely on it.

A comprehensive Digital Asset Memorandum should include:

⚠ Update This Document Regularly A Digital Asset Memorandum that was accurate two years ago may be completely outdated today — exchanges change, wallets are created, balances fluctuate dramatically, and platforms shut down. Treat this document as a living record that should be reviewed at least annually and updated whenever you open a new account or wallet, move significant assets, or change passwords and devices.

Seed Phrase Storage: The Right and Wrong Way

The 24-word BIP-39 seed phrase is the master key to a self-custodied wallet. Anyone who has it can move every asset in the wallet — instantly, irrevocably, and anonymously. Proper storage is both an estate planning issue and a security issue.

Do Not Store Seed Phrases:

Recommended Seed Phrase Storage:

Tax Treatment of Inherited Cryptocurrency in Florida

Cryptocurrency is treated as property for federal tax purposes (IRS Notice 2014-21). Key tax rules for inherited crypto:

Planning for Other Digital Assets

Online Financial Accounts (PayPal, Venmo, Robinhood)

These platforms typically have beneficiary designation tools or estate claim processes. Name beneficiaries through the platform's tool where available, and include explicit RUFADAA authorization in your trust and power of attorney for the trustee or agent to access these accounts during incapacity.

Social Media and Email

Google (Inactive Account Manager), Facebook (Legacy Contact), and Apple (Digital Legacy) all offer specific tools for designating what happens to your accounts after death. These should be set up as part of your digital estate planning — they override any trust or will provision for those platforms.

Domain Names and Online Businesses

A domain name, website, or online business (e-commerce store, content site, SaaS product) can have substantial monetary value. These assets should be specifically addressed in your trust or will — including instructions for the fiduciary to continue operations, sell the business, or wind it down. The login credentials for the hosting provider, domain registrar, and any associated platforms should be documented in your Digital Asset Memorandum.

Frequently Asked Questions

What happens to cryptocurrency when someone dies in Florida?
Cryptocurrency passes through the decedent's estate as property under Florida law. Exchange-held crypto can be claimed by the estate or trust with a death certificate and legal documentation through the platform's estate process. Self-custodied crypto (in a hardware or software wallet) can only be accessed with the private key or 24-word seed phrase — if that information is lost, the assets are permanently irrecoverable. Florida's RUFADAA (F.S. § 740) authorizes fiduciaries to access digital accounts after death, but only if the estate planning documents grant that authority explicitly.
How do I include cryptocurrency in my Florida estate plan?
Four essential steps: (1) inventory all holdings — every exchange account and wallet; (2) create a Digital Asset Memorandum — a private document with access instructions for your fiduciary, referenced in your will and trust; (3) store seed phrases securely on metal backups in multiple fireproof locations — never in your will or digital files; (4) update your will, trust, and durable power of attorney with explicit RUFADAA authorization language under F.S. § 740.002 permitting your fiduciary to access, manage, and distribute digital assets.
What is Florida's RUFADAA law?
RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act, F.S. Chapter 740) is Florida law that authorizes personal representatives, trustees, agents under a power of attorney, and guardians to access a decedent's or incapacitated person's digital assets and accounts. Without RUFADAA authorization in your estate planning documents, your fiduciary may face legal barriers — and potential federal computer crime law exposure — when trying to access your accounts after your death.
Can I put Bitcoin in a Florida trust?
Yes. A Florida revocable living trust or irrevocable trust can hold Bitcoin and other cryptocurrency. For exchange-held crypto, title the exchange account in the trust's name or designate the trust as the account beneficiary. For self-custodied crypto, include trustee access instructions and seed phrase storage details in the trust's companion Digital Asset Memorandum. A trust avoids probate, provides continuity during incapacity, and can structure distribution of volatile assets over time rather than in a single lump sum.
Do I have to pay Florida taxes on inherited cryptocurrency?
Florida has no state estate tax or inheritance tax. Inherited cryptocurrency receives a stepped-up cost basis under IRC § 1014, meaning the beneficiary's cost basis is the fair market value at the date of the decedent's death — not the original purchase price. Sales above that stepped-up basis are subject to federal capital gains tax; sales at or below it are not. Federal estate tax applies only if the gross estate exceeds $13.99 million per individual (2025 exemption amount).

Plan for Your Digital Assets Before They're Lost

Cryptocurrency and digital assets require proactive estate planning — the window to act is always now, not after a health event. Cornerstone Wealth & Legacy Law helps Florida clients inventory, document, and integrate digital assets into a comprehensive estate plan that actually works for the people they love.

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This article is for general informational purposes and does not constitute legal or tax advice. Digital asset and cryptocurrency estate planning involves complex federal tax law, Florida trust and probate law, and rapidly evolving technology. Consult a licensed Florida estate planning attorney and a qualified tax advisor before making decisions about your digital assets. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.