What Happens to Social Media and Digital Accounts at Death

When someone dies, their phone, email, photo storage and social media accounts are still there, and families often want the photos and messages most of all. The accounts may also hold bills, subscriptions and financial records that the estate trustee needs.

This article explains how an estate trustee in Ontario approaches digital accounts: getting authority first, sorting accounts by type, using each platform's request process and knowing where the legal limits are uncertain.

Authority comes first

Before you act on an account, it helps to be clear about your authority. For many estates that means a court certificate. A probate application is made to the Superior Court in the county where the deceased lived, and processing is typically 15 business days. A small estate certificate is available for estates valued at $150,000 or less.

Ontario's guidance for estate trustees also lists calls to make early: insurers, the bank, credit card companies and ServiceOntario, which handles the driver's licence and health card. Many of these accounts now run online, so this is a good moment to list every online service the deceased used.

Sort digital items by type

Whether items such as cryptocurrency or other digital property are treated as capital property for tax purposes depends on the facts. Where property is capital property, the deemed disposition at death can apply. An accountant can confirm how it applies.

How platform requests usually work

Large email, social media and cloud providers typically have help pages describing what they do after a death. Common options include closing the account, putting it in a memorial state, or, in some cases, providing limited content to a verified representative. Each company sets its own rules, which can change, and the available options differ by country.

Expect to be asked for some or all of the following:

• A death certificate
• Proof of your relationship or your authority as estate trustee
• Your identification
• The username, email address or profile link for the account
• A description of what you are asking for, such as closure, memorial status or a copy of data

Some providers may refuse to release message content even to an estate trustee, so do not assume a certificate guarantees access. Keep copies of every request and response.

Legal limits and cautions

Digital accounts raise questions that can be more complicated than for physical property. The account terms of service, privacy concerns of the people who corresponded with the deceased, and the deceased's own wishes may all matter. Whether and how particular rules apply to a given account depends on the facts, so confirm the position with a lawyer.

Using the deceased's password to log in yourself may seem natural, but it can breach the platform's terms and may raise legal and privacy issues. Ask a lawyer before doing this, especially for email, which can contain sensitive information about other people.

If a disagreement arises about who should receive photos or other digital keepsakes, the approach is similar to other family disputes: communicate openly, make copies available to everyone where possible, and consider mediation. Copying the files is often easier to share than dividing physical items.

What to do next

• Confirm your authority and obtain the court certificate if one is needed
• Make a list of devices, email addresses, apps and subscriptions, using bills and bank statements as clues
• Secure the devices without deleting anything
• Notify banks, insurers and other institutions as Ontario's guidance suggests
• Download or back up photos and documents through each platform's official process where possible
• Cancel unneeded subscriptions and keep records for the estate accounts
• Ask a lawyer before logging in to anyone's accounts or if a platform refuses your request

If the estate is large, accounts are held abroad, or relatives disagree about access, a lawyer can explain the options before you act.

Frequently asked questions