How Minnesota’s Probate Process Handles Digital Assets and Online Accounts

In today’s digital age, the management of digital assets is a growing concern, particularly when it comes to estate planning and the probate process. Minnesota’s probate laws have evolved to address the complexities associated with digital assets, including online accounts, social media profiles, and cryptocurrency. Understanding how these assets are handled can be pivotal for individuals planning their estates.

Digital assets encompass a wide range of online properties, from social media accounts and digital photos to cryptocurrency and online banking. As more aspects of our lives move online, it becomes increasingly important to ensure that these assets are properly managed and passed on during probate.

In Minnesota, the probate process begins with filing a will (if one exists) in the local district court. If the decedent did not leave a will, the estate is distributed according to Minnesota’s intestacy laws. One of the first steps in the process is identifying the decedent’s assets, which includes both tangible and digital assets.

When handling digital assets, Minnesota law requires personal representatives (executors) to gain access to these accounts and determine their value. The process can become complicated due to privacy laws and the terms of service agreements of various online platforms. Many online services now allow users to designate a “digital executor” who can manage these assets after death, though not all platforms have this option.

Under Minnesota statutes, digital assets are defined, and the Uniform Law Commission's Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) allows personal representatives to access and manage digital assets in the same manner as physical assets. This law helps to streamline the process of accessing online accounts by providing legal authority to personal representatives.

Once the personal representative has identified digital assets, they must collect and manage them just like any other estate asset. This can involve closing accounts or transferring ownership, which can require knowledge of various platforms' policies regarding deceased users. For example, Facebook allows users to memorialize accounts, while Google offers an Inactive Account Manager feature, allowing account holders to decide what happens to their digital assets after they pass.

Furthermore, it is crucial for individuals to discuss their digital assets in their estate planning process. This can involve creating a digital estate plan that lists all online accounts, along with usernames and passwords, while also specifying how each asset should be managed after death. Password management tools can be very beneficial in securely storing this information.

In conclusion, Minnesota’s probate process provides a framework for handling digital assets, making it essential for individuals to think about their digital footprints when planning their estates. As laws continue to adapt to the digital landscape, ensuring that your wishes regarding digital assets are clearly articulated can provide peace of mind for you and your loved ones.