Protect California Families: Add a Digital Nominated Individual (DNI) to Your Will

Last reviewed: August 19, 2025

What is a Digital Nominated Individual (DNI)?

A Digital Nominated Individual (DNI) is a person you designate to manage your digital assets and accounts after death or during incapacity. This can include email, cloud storage, photos, financial and rewards accounts, social media, domain names, and crypto wallets. In California, this role aligns with a fiduciary granted authority under state law—such as a personal representative (probate), trustee (trust administration), conservator (incapacity), or an agent under a power of attorney. Some people use the term “digital executor,” but California statutes refer to these fiduciaries by their traditional titles.

Why a DNI matters for California families

• Reduces delays: A clearly authorized person can request access from service providers and locate key information faster.
• Protects privacy: You can set boundaries about which accounts may be accessed, preserved, or deleted.
• Minimizes disruption: Timely access can help manage bills, subscriptions, small business platforms, domain renewals, and intellectual property.
• Honors intent: Written instructions help ensure your wishes for memorializing or removing online content are followed.

How California law treats digital assets

California has adopted RUFADAA in the Probate Code. The law establishes a priority of directions for disclosure of digital assets and electronic communications: (1) an online tool you set up with a service provider, if available; (2) your estate planning documents (will, trust, or power of attorney) that expressly grant authority; and (3) the provider’s terms of service when no contrary direction exists. If you use an online tool, it generally controls and can override different instructions in your will or trust. The statute also distinguishes between the content of electronic communications (which usually requires express consent and may involve additional steps) and the catalog or records associated with those communications. Service providers may require specified forms of documentation, and in some situations may request a court order, consistent with the statute.

See California Probate Code, Division 9, Part 20 (RUFADAA) for the full framework and requirements, including the effect of online tools and document-based directions. California Probate Code (RUFADAA)

What authority should you give your DNI?

• Express authority to access, manage, and obtain a catalog of digital assets and communications consistent with RUFADAA.
• Express consent for disclosure of the content of electronic communications if you intend that access and the law permits it.
• Authority to close, memorialize, download, transfer, or delete accounts per your instructions.
• Authority to manage two-factor authentication devices, password managers, security keys, and recovery phrases.
• Authority to work with custodians to obtain records necessary for tax, probate, trust, or business administration.
• Authority to use copies of your death certificate, letters, or trustee or agent certifications to authenticate authority.

Coordinating your will, trust, and powers of attorney

For many Californians, a will and a revocable living trust work together. You can authorize your personal representative (will) and trustee (trust) to act with digital-asset authority or appoint a specific digital fiduciary. Include a durable power of attorney that authorizes an agent to manage digital assets during incapacity. Align these documents so the same person—or a clear priority order—can act without conflict. If you operate a business, extend digital authority to business accounts, websites, advertising platforms, and payment processors.

Tips to strengthen your plan

Don’t forget platform tools and password hygiene

• Activate available online tools that let you choose who may access or receive data if your account becomes inactive.
• Maintain a secure, lawful way for your DNI to find credentials (for example, a password manager with emergency access). Avoid writing passwords in plain text.
• Specify which accounts should be deleted, memorialized, or archived, and where important files (tax, legal, IP, photos) are stored.

Practical steps to add a DNI to your plan

• Identify the right person: someone organized, tech-comfortable, and trustworthy.
• Inventory digital assets: personal, financial, and business accounts; devices; security keys; crypto wallets; and domains.
• Update your estate documents: add express digital-asset authority to your will, trust, and powers of attorney.
• Use platform tools: set your preferences within major services you use.
• Communicate intentions: let your nominee know their role and where to find key information when needed.
• Review regularly: update as accounts and technology change.

Checklist: preparing for a smooth digital handoff

Common pitfalls to avoid

• Relying only on a list of passwords without legal authority.
• Forgetting two-factor authentication or physical security keys.
• Creating conflicting directions between your documents and platform tools.
• Overlooking business, creator, or domain assets tied to personal logins.
• Assuming family can access content without your express consent when the law requires it.

FAQ

Does a DNI replace my executor or trustee?

No. In California, digital authority is typically granted to your existing fiduciaries (personal representative, trustee, or agent). You can also name a specific digital fiduciary if you prefer.

Can my DNI read my emails?

Only if you give express consent for content disclosure and other legal conditions are met. RUFADAA treats content differently from account records.

What if a service’s terms conflict with my documents?

An online tool you set up with the provider generally controls first. After that, your documents govern, then the terms of service.

Do I need court orders?

Sometimes. Custodians may request specific documentation or a court order depending on the type of data and their policies.

When to seek legal help

If you have significant online accounts, intellectual property, cryptocurrency, or business platforms, tailored language can be critical. An attorney can align your documents with California law, minimize conflicts with service terms, and prepare certifications your fiduciary can present to custodians.

How our firm can help

We draft and update California wills, trusts, and powers of attorney with robust digital-asset provisions; coordinate your choices with platform tools; and provide practical checklists for your nominee. We can also assist fiduciaries who need to invoke digital-access authority during estate or trust administration. Ready to take the next step? Contact us.

Citations

• California Probate Code, Division 9, Part 20 (Revised Uniform Fiduciary Access to Digital Assets Act). Link (accessed Aug. 19, 2025).

Disclaimer

This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and procedures change and can vary by circumstance; consult a qualified California attorney about your specific situation.