- Online tools (like Google’s Inactive Account Manager or Facebook’s Legacy Contact) control;
- If none, the will/trust/POA governs;
- If neither, the service’s terms of service apply. California Lawyers AssociationJustia LawFindlawNerd’s Eye View | Kitces.com
For families with substantial online footprints — streaming royalties, creator accounts, domain portfolios, crypto — this framework ensures someone you choose can legally step in, but only if you set it up correctly.
Why this matters now
Estate planning participation is notoriously low; advocates hope that remote execution and storage will remove friction and expand coverage to rural and underserved communities. Missouri’s move fits a broader national trend to normalize e-wills while maintaining traditional witness and intent requirements.
At the same time, going digital doesn’t eliminate old risks — it reshapes them.
The pro-consumer upside
- Accessibility and convenience. Sign from anywhere, including when hospitalization or mobility issues would otherwise delay execution. Missouri Senate
- Faster administration. Certified paper copies of e-documents can meet “original” requirements, reducing probate friction when time and authenticity matter.
- Clarity for digital assets. Cal-RUFADAA’s tiers reduce conflicts over social media, email, and cloud accounts; Missouri’s courts can order custodians to disclose digital assets to retrieve a decedent’s e-will. California Lawyers AssociationMissouri Senate
The under-reported risks
- Undue influence and remote coercion. Remote signings can make it harder to detect pressure on an elder or vulnerable adult. National experts urge lawyers to adopt extra identity and capacity checks when witnesses are not in the room. actecfoundation.org
- Fraud and deepfakes. Courts are already grappling with AI-manipulated audio/video; similar tactics could be used to spoof signers or witnesses or to misrepresent capacity. Professional guidance flags this as a growing malpractice and evidentiary risk. Wall Street JournalAmerican Bar Association
- Fragmented rules across states. While Missouri now authorizes end-to-end digital execution, not every jurisdiction recognizes identical procedures. Cross-border families and assets may still face conflict-of-law questions. Uniform Law Commission
Practical guardrails for families and practitioners
Use the online tools first. Where available, designate legacy contacts or account managers; under RUFADAA, those directives override contrary instructions in a later will. Nerd’s Eye View | Kitces.com
Document capacity and voluntariness. In remote executions, consider video-recording the session, keeping logs of KYC/ID checks, and using neutral third-party witnesses to mitigate later challenges. (Missouri requires two witnesses in the testator’s physical or electronic presence; follow the statute to the letter.) Missouri Senate
Keep the sensitive stuff out of the will. Do not list passwords in testamentary documents that could become public. Instead, store credentials in a legacy-enabled password manager and reference the tool in your will/trust. (Cal-RUFADAA provides the legal authority; the tool provides the access.) California Lawyers Association
Plan for paper when needed. Missouri expressly allows certified paper copies of electronic estate documents to satisfy “original” requirements — crucial when courts, banks, or title companies still ask for paper. Missouri Senate
