Issued by the Digital Estate Planning Institute (DEPI)
February 2026
DEPI Position
The Digital Estate Planning Institute (DEPI) holds that the effective administration of digital estates is currently undermined by systemic misalignment between legal authority, technical control, and asset discovery practices.
While legal systems confer authority through formal instruments, digital systems govern access through credentials, authentication mechanisms, and platform-enforced rules. At the same time, traditional estate processes apply narrow definitions of value that prioritize financial assets and routinely exclude digital assets of emotional, sentimental, functional, or relational importance.
DEPI’s position is that digital estate administration cannot be effective unless authority, access, and discovery are treated as interdependent governance problems, rather than isolated procedural steps.
Core Assertions
DEPI asserts the following principles:
- Legal authority does not guarantee technical access
Executors and fiduciaries frequently possess lawful authority without the technical means to act. This mismatch exposes professionals and beneficiaries to risk and undermines testamentary intent. - Technical control must not operate independently of fiduciary intent
Authentication systems and platform policies increasingly determine outcomes by default. Without standards-based alignment, technical enforcement overrides legal and ethical considerations. - Discovery must extend beyond financial value
Digital estates include assets whose value is defined by the individual and their beneficiaries, not by monetary valuation alone. Sentimental, emotional, functional, and relational digital assets must be explicitly included in discovery frameworks. - Emotional and functional continuity are legitimate governance concerns
Digital assets often support continuity of memory, identity, and emotional connection, as well as the operation and control of physical assets. Excluding these assets from discovery leads to irreversible loss and operational failure. - Subjective value cannot be inferred after the fact
Executors and fiduciaries cannot reliably determine which digital assets matter most without structured inclusion during life. Discovery frameworks must therefore accommodate client-defined value. - Fragmented approaches increase liability and harm
Jurisdiction-specific laws, platform-specific features, and informal professional practices fail to scale and create inconsistent outcomes. In the absence of shared standards, risk is distributed unpredictably across stakeholders.
The Role of Standards
DEPI’s position is that standards are the only durable mechanism capable of aligning legal authority, technical enforcement, and comprehensive discovery across digital systems.
Well-designed standards can:
- establish consistent discovery expectations across asset classes
- recognize non-financial dimensions of value
- define roles, responsibilities, and boundaries for credential handling
- reduce professional liability exposure
- support auditability, accountability, and ethical alignment
Standards do not replace law, fiduciary judgment, or platform security requirements. They provide the shared reference models necessary for coordination.
DEPI’s Commitment
DEPI is committed to developing and stewarding technology-agnostic, platform-neutral standards that recognize the full spectrum of digital value and support responsible digital estate administration.
These standards are intended to assist:
- legal and fiduciary professionals
- policymakers and regulators
- platform operators and technology providers
- institutions responsible for trust, identity, and continuity
DEPI does not advocate for specific tools, platforms, or commercial solutions. Its role is to provide principled frameworks that enable consistent and ethical implementation.
Relationship to DEPI White Paper #2
This position statement is informed by DEPI White Paper #2, Legal, Fiduciary, and Technical Failure Modes in Digital Estate Administration, and supports the development of the DEPI Digital Estate Continuity Standard.
The Standard is maintained as a separate normative document and is intended for voluntary adoption across jurisdictions.
Closing Statement
Digital estate administration fails not only when assets are inaccessible, but when assets that matter are never recognized.
DEPI’s position is clear: effective digital estate governance requires standards that align legal authority, technical control, and comprehensive discovery—recognizing value as defined by individuals and their beneficiaries, not solely by financial metrics.
DEPI — Digital Estate Planning Institute 