Estate Planning for Content Creators: Protect Your Digital Assets and Income in Georgia

Content creation is no longer just a hobby, it’s a full-fledged business. Influencers, YouTubers, podcasters, and online educators often generate substantial income from ads, subscriptions, sponsorships, and digital products. For creators in Georgia, estate planning is essential to ensure that your intellectual property (IP), online accounts, and income are protected for your beneficiaries.

Georgia law, including the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), provides the legal framework for managing digital assets after death or incapacity. This guide explains how content creators can plan for their digital legacy.

What Are Digital Assets for Content Creators?

Digital assets are anything you own online that has value, including:

• Intellectual Property (IP): videos, music, e-books, graphics, scripts

• Monetized Platforms: YouTube, TikTok, Patreon, Instagram

• Contracts and Brand Deals: sponsorships, licensing, affiliate marketing

• Subscriber Data: email lists, newsletter subscriptions

• Revenue Accounts: AdSense, merch stores, Patreon payouts

• Digital Currency / NFTs: cryptocurrency wallets, blockchain assets

These assets can continue generating income after your death but only if properly planned for.

Georgia Law and Digital Asset Access

Under RUFADAA (codified under O.C.G.A. § 53-13), fiduciaries such as executors or trustees may access your digital assets, but limitations exist:

• Legal authority is required to manage accounts, IP, and contracts.

• Platform Terms of Service may restrict account transfer.

• Federal laws may also impose additional restrictions.

• Certain tools (Facebook Legacy Contact, Google Inactive Account Manager) may override estate instructions. Georgia adopted RUFADAA under Senate Bill 301 in 2018, which formally extended fiduciary powers to include digital assets. 

Key legal provisions under Georgia law (O.C.G.A. § 53-13) include:

• Fiduciary Duties: Executors or trustees managing digital assets are held to the same fiduciary standards, duty of care, loyalty, and confidentiality.

• Terms of Service Limitations: A fiduciary’s authority is subject to the platform’s terms-of-service (ToS).

• Account Termination: Fiduciaries may formally request account termination by submitting required documentation (e.g., death certificate, letters of appointment) to the “custodian” (the company hosting the digital account).

• Three-Tier Control System: The law recognizes:
  (1) online tools provided by platforms
  (2) your estate plan (will/trust/POA), and
  (3) the platform’s ToS with certain priorities among them.

Proper estate planning ensures your heirs can legally access and manage your content and revenue.

Why Content Creators Need Estate Planning

1. Protect Intellectual Property
   Your content is a valuable business asset in your estate. Without planning, heirs may lose access to monetized videos, music, or other IP.

2. Maintain Income Flow
   Monetized content (ads, sponsorships, merchandise) continues to generate revenue only if someone has access and the proper authority to manage.

3. Ensure Access to Digital Platforms
   Accounts can be deleted or inaccessible without a designated executor or trustee.

4. Handle Contracts and Brand Deals
   Some sponsorships or licensing agreements may terminate at death unless the estate plan or contractual agreements explicitly allow transfer.

5. Crypto, NFTs and Blockchains
   Digital currencies require private keys or credentials to access the asset. Without planning, your heirs may be unable to claim or even properly locate them.
   
   

Critical Tools for Estate Planning for Content Creators

Here’s a breakdown of the core legal tools creators should consider:

• Last Will & Testament
  Include a digital assets clause that explicitly describes your content, platform accounts, and how you want them managed or distributed.

• Revocable Living Trust
  A trust can own your intellectual property, hold contracts, and collect income. It’s especially useful if you want continuity in monetization.

• Durable Power of Attorney (POA)
  Your financial POA should expressly authorize your agent to access and manage digital assets, especially if you become incapacitated.

• Digital Executor / Trustee
  Appoint someone tech-savvy and trustworthy to act after your death or if you’re unable to manage your digital business.

• Digital Asset Inventory
  Maintain a detailed, up-to-date document (securely stored) listing your accounts, contracts, login information, private keys, and instructions.

Platform-Specific Legacy Tools

• Facebook / Instagram: Legacy Contact tool allows memorialization, but limited account control.

• Google / YouTube: Inactive Account Manager can designate data recipients; access requires legal authority.

• TikTok: No legacy access; estate plan and fiduciary authority are crucial.

• Patreon / Twitch / Substack: Pending payouts and accounts may be lost without explicit legal access.

Valuing Your Content

When planning your estate, content creators must consider valuation:

• Past and projected revenue from platforms

• Brand deals and sponsorships

• Licensing and royalty income

• Merchandising and affiliate earnings

• Potential growth and subscriber analytics

Knowing the monetary value of your content ensures fair distribution to beneficiaries and proper tax planning.

Optional Checklist for Content Creators

• List all digital assets and accounts

• Identify your beneficiaries for content and income

• Appoint a digital executor or trustee

• Draft or update your Will, Trust, and POA to include digital assets

• Secure passwords and keys using an encrypted vault

• Review contracts and platform legacy tools

• Update your plan regularly

Why a Georgia-Based Estate Attorney Is Important

An estate planning attorney can:

• Navigate Georgia-specific statutes (RUFADAA)

• Draft a trust or Will for monetized digital content

• Ensure contracts and IP are properly transferred

• Minimize disputes and protect your digital legacy
  

Conclusion

Your digital presence is more than just social media, it’s a valuable business asset. Without estate planning, content creators risk losing access to accounts, monetized content, and future earnings.

By combining a Will, Trust, POA, and digital executor with Georgia’s legal framework, creators can protect their intellectual property, maintain income for heirs, and secure their digital legacy.

If you’re a content creator in Georgia, now is the time to schedule a consultation with an estate planning attorney to safeguard your digital assets and income. Call Thompson Mungo Firm to schedule your appointment.

Reference:

O.C.G.A. § 53-13
Digital Asset Abstract