Over the past decade, it's become a requirement for attorneys to add some language in wills to address digital assets. Here's a sample I recently used in a will:
"Reference is made to my digital assets, an inventory of which, with a list of relevant user names and passwords, I intend to maintain. Such inventory shall be kept in a secure location and shall be made available to my Executor upon my death. Upon my death, my Executor shall have full access to my digital assets including all rights, powers and privileges that I have."
Here in New York State, we now have a law that specifically addresses access to digital assets by fiduciaries:
Uniform Law Commission’s Revised Uniform Fiduciary Access to Digital Assets Act
Section 13-A-2.2 of this law necessitates adding digital assets language to a will: