Digital Assets and Online Accounts After a Death in Ontario

A person dies and the family realizes much of their life was online: email, photos, social media, subscriptions, and maybe cryptocurrency. The estate trustee is often locked out of all of it, and the clock on bills and valuations is already running.

This article explains how legal authority, company policies and probate fit together in Ontario. It cannot tell you what a specific provider will release, because that varies, but it shows where to start and what to keep in mind.

Where your authority comes from

A person named as executor in a will does not have to act, and if they decline, the beneficiaries may nominate someone else. Once someone is acting as the personal representative, the deceased's property vests in them, and they hold it as trustee for the people entitled, subject to the payment of debts.

That duty to hold property for the beneficiaries is the legal basis for dealing with digital assets. It is about managing the estate, not about browsing private messages. Having authority over an asset does not automatically mean a company will hand over a login.

Provider policies are separate from the law

Email companies, social media platforms, cloud storage services and exchanges each have their own terms and their own process for deceased users. Some may memorialize or close an account, some may release limited information, and some may ask for court documents. These policies change, so check the current terms of each provider.

Many providers will want proof of death and proof that you are the person in charge of the estate. In practice, that often means a certificate from the court, although what a particular company accepts is its own decision. If a company refuses, a lawyer can tell you whether there is any legal step available.

• Email and cloud accounts: often hold statements, bills and tax slips you need to find other assets.
• Social media: may be closed, memorialized or left alone, depending on the platform and the family's wishes.
• Subscriptions and recurring payments: cancel them to stop money leaving the estate.
• Crypto and online investment platforms: may hold real value and need careful handling.
• Loyalty points and digital purchases: whether they can be transferred depends on the terms.

When probate matters

Ontario guidance says that if the deceased owned real property or assets held by a financial institution, the estate normally has to be probated, and that you should check whether the institution requires a certificate of appointment or a small estate certificate. An online investment or trading platform that works like a financial institution may take the same approach.

Probate is not always required. Assets held jointly or with a designated beneficiary pass according to how they are owned or designated. Whether a given online account has a beneficiary designation or joint holder depends on its terms, so read them before assuming it is part of the estate.

If you need to apply, the small estate certificate is available for estates worth $150,000 or less. Which route fits depends on the total value of the estate, including everything outside the digital world.

Valuing crypto and other digital property

Assets must be valued at fair market value at the date of death, and the representative should be able to support each value with documents such as statements or an appraiser's opinion. For anything held online, take dated screenshots and download statements as early as you can, so you can show what the account held on the date of death.

Estate Administration Tax is based on the estate's value. No tax is payable on an estate worth $50,000 or less, and above that the tax is $15 for each $1,000 or part of $1,000 over $50,000. Property worldwide is included except real estate outside Ontario. Whether a particular digital asset is counted, and how, is worth confirming with a lawyer or accountant. The tax is paid by the estate, not by the representative personally.

What to do next

• Do not guess passwords or try to log in to accounts as the deceased; this can lock accounts or cause problems.
• Make a list of every account you know of, using mail, bank statements and the deceased's devices as clues.
• Look for a will and any written instructions about online accounts.
• Keep the original death documents and any certificate of appointment ready to show providers.
• Cancel subscriptions that are costing the estate money.
• Record values as of the date of death and keep the proof.
• Speak with a lawyer if a provider refuses access or a large digital asset is involved.

Frequently asked questions