Digital Assets Inventory for Illinois Probate Cases

When someone passes away in Illinois, their estate doesn't just include physical property and bank accounts. It also includes email accounts, cloud storage, cryptocurrency wallets, social media profiles, online subscriptions, and digital photos. If you're handling probate for a loved one's estate, failing to account for these digital assets can create real problems from lost value to legal complications with creditors and beneficiaries. Getting the Illinois probate digital assets inventory documents right is now an essential part of the estate administration process.

What exactly counts as a digital asset in Illinois probate?

Digital assets are any electronically stored information or online accounts that carry financial, sentimental, or practical value. Under Illinois law, the Revised Uniform Fiduciary Access to Digital Assets Act (760 ILCS 38) gives executors and administrators a legal framework for accessing and managing these assets during probate.

Common digital assets you'll need to inventory include:

Cryptocurrency and digital tokens Bitcoin, Ethereum, NFTs, and any holdings on exchanges like Coinbase or Binance
Online financial accounts PayPal, Venmo, Cash App, brokerage apps like Robinhood or ETrade
Email accounts Gmail, Outlook, Yahoo, and any accounts tied to business or financial activity
Cloud storage Google Drive, Dropbox, iCloud, OneDrive containing documents, photos, or videos
Social media profiles Facebook, Instagram, LinkedIn, X (Twitter), YouTube
Online businesses or revenue streams Etsy shops, blogs with ad revenue, affiliate marketing accounts, domain names
Digital subscriptions and loyalty programs Streaming services, airline miles, hotel points, reward accounts with real cash value
Stored media iTunes libraries, Kindle books, digital game libraries (Steam, PlayStation, Xbox)

Why do digital assets need their own inventory in Illinois probate?

Illinois probate requires a complete accounting of the decedent's estate. The estate asset inventory documents must reflect everything of value and digital assets are increasingly a significant portion of a person's estate.

A 2024 study by the Pew Research Center found that the average American has over 100 online accounts. Without a proper digital assets inventory, you might miss accounts worth thousands of dollars, overlook recurring charges draining the estate, or lose access to irreplaceable family photos and documents.

There's also a security concern. Unmanaged digital accounts are vulnerable to identity theft and fraud. When a person dies, their accounts can become targets. A thorough inventory helps you identify every account that needs to be secured, memorialized, or closed.

What Illinois probate forms do I need for digital assets?

Illinois doesn't have a separate, standalone form specifically for digital assets. Instead, digital assets are included as part of the overall estate inventory. The primary form is:

Illinois Probate Court Inventory and Appraisal This document lists all estate property, including digital assets, with their estimated values

For a more detailed breakdown, many attorneys recommend creating a supplemental digital assets schedule that accompanies the main inventory. This schedule should list each digital asset, its platform or provider, estimated value, and the status of access (whether the executor can log in or needs to request access from the provider).

If the estate qualifies under the small estate threshold, you may be able to use a small estate affidavit instead of formal probate, but digital assets still need to be accounted for in either case.

How do I find all of a deceased person's digital assets?

This is the hardest part of the process. Unlike a filing cabinet or a safe deposit box, digital assets don't have a single physical location. Here's how experienced probate practitioners track them down:

Check the person's devices first

The deceased's phone, tablet, and computer are the best starting point. Saved passwords in browsers (Chrome, Safari, Firefox), password managers (LastPass, 1Password, Bitwarden), and auto-login sessions can reveal accounts you didn't know existed.

Review email accounts

Emails contain a trail of account registrations, subscription confirmations, billing statements, and financial transaction receipts. Search for keywords like "welcome," "verify your account," "receipt," "invoice," and "payment."

Look at financial statements

Bank statements and credit card records show recurring charges and transfers to platforms like cryptocurrency exchanges, subscription services, or online marketplaces. These transactions often lead to accounts the family didn't know about.

Search for apps on their phone

Every app on the deceased's phone represents a potential account. Financial apps, trading platforms, digital wallets, and even games may contain real money or digital currency.

Check with the probate attorney

An experienced attorney familiar with Illinois probate estate asset inventory requirements can help ensure nothing gets overlooked and that the inventory meets court standards.

What's the best format for listing digital assets in the inventory?

Courts and beneficiaries need clarity. For each digital asset, include:

Account name and platform e.g., "Coinbase cryptocurrency account" or "Gmail account (john.doe@gmail.com)"
Account holder name In some cases, accounts may be joint or in a business name
Estimated value Use current market value for financial assets like crypto; use reasonable estimates for other assets
Access status Note whether the executor has login credentials, whether the account is locked, or whether you've submitted an access request to the provider
Beneficiary designations Some digital platforms allow users to name beneficiaries directly, which may transfer the asset outside probate

This level of detail is especially important in Cook County probate cases, where the court expects thorough documentation and may reject incomplete filings.

What mistakes do people make with digital asset inventories?

Digital asset inventories go wrong in predictable ways:

Ignoring low-value accounts. A gaming account with $50 in digital currency is still estate property. So is an iTunes library. Small amounts add up, and they must be reported.
Using the deceased's passwords without legal authority. Illinois law doesn't give you automatic permission to log into someone's accounts after they die. The Revised Uniform Fiduciary Access to Digital Assets Act sets out specific procedures. Bypassing terms of service by using a stored password may violate federal law under the Computer Fraud and Abuse Act.
Forgetting about digital debts. Some digital accounts have outstanding balances. A PayPal account might owe money. A crypto margin account might have borrowed funds. These are liabilities that affect the estate.
Not acting quickly enough. Some platforms deactivate or delete accounts after prolonged inactivity. Others have strict timelines for estate access requests. Delay can mean permanent loss.
Overlooking digital assets with no login access. Hardware wallets for cryptocurrency (like Ledger or Trezor devices) require physical possession and a PIN or recovery phrase. Without these, the assets may be permanently inaccessible.

How do you value digital assets for the inventory?

Valuation depends on the type of asset:

Cryptocurrency Use the fair market value on the date of death. Screenshot or print the price from a reliable exchange. Prices fluctuate, so document the exact date and time.
Online business accounts Consider recent revenue, subscriber counts, and comparable sales. An Etsy shop generating $2,000/month has real transferable value.
Domain names Use appraisal tools or look at recent comparable sales. Premium domains can be worth thousands.
Loyalty points and miles Some programs allow point transfers to beneficiaries; others don't. Value them based on their redemption rate.
Stored media (books, music, games) These often have little resale value because of licensing restrictions, but they should still be listed for completeness.

If you're unsure about values, a probate attorney can help you determine whether a professional appraisal makes sense. For larger estates with significant digital holdings, this is money well spent.

Do I need special permission to access a deceased person's digital accounts?

Yes, in many cases you do. Illinois follows the Revised Uniform Fiduciary Access to Digital Assets Act, which means:

If the deceased used an online tool (like Google's Inactive Account Manager or Facebook's Legacy Contact) to designate someone, that designation controls.
If there's no online tool designation, the will may direct access to digital assets. A clear will provision saves time and money.
If neither exists, the platform's terms of service apply, which often restricts access to estate representatives.

Most major platforms Google, Apple, Meta, Microsoft have formal processes for estate access requests. These typically require a death certificate, letters of office from the probate court, and sometimes additional documentation. Processing times vary from days to months.

Having your digital assets inventory documents organized before submitting these requests helps speed up the process and ensures you're requesting access to everything.

Quick checklist for Illinois probate digital asset inventories

☐ Search all devices (phone, computer, tablet) for accounts and saved passwords
☐ Review email accounts for registration and billing confirmations
☐ Scan bank and credit card statements for digital platform transactions
☐ Document each digital asset with platform, value, and access status
☐ Check for beneficiary designations on each platform
☐ Identify any digital debts or outstanding balances
☐ Secure accounts to prevent unauthorized access or identity theft
☐ Submit formal access requests to platforms that require estate documentation
☐ Include all digital assets in the court-filed estate inventory
☐ Consult with a probate attorney to verify compliance with Illinois requirements

Next step: If you haven't started the inventory process yet, begin by obtaining the decedent's devices and email access. Create a spreadsheet with columns for each asset's name, platform, estimated value, and access status. Then bring that spreadsheet to your probate attorney to ensure it meets Illinois court requirements before you file.