Missouri does not have a job called “digital executor.” What you have instead is one law that decides who can touch your social media after you die or become unable to act. It is the Missouri Fiduciary Access to Digital Assets Act, and it runs from Section 472.400 through 472.490 of the Revised Statutes. If you want a specific person to handle your Facebook, Instagram, or Google account, this is the law that gets them in the door.
The short version: you can name someone to manage your accounts, but how you name them matters more than most people think. Do it one way and your wishes control. Do it another way and the platform’s fine print wins. Here is how it actually works in Missouri.
There is no “digital executor” in Missouri law. There is a fiduciary.
People search for “digital executor” because that is the idea in their head. A person in charge of their online life after they are gone. Missouri law calls that person a fiduciary. In an estate, that usually means your personal representative, which is the formal name for your executor or administrator. The definitions live in Section 472.405.
Your social media accounts count as “digital assets” under that same section. The platform holding them, Meta or Google or anyone else, is the “custodian.” So when we talk about a digital executor for social media, we are really talking about giving your fiduciary the legal authority to deal with a custodian.
There is also a second, faster path built into the law: a “designated recipient.” That is a person you pick directly through the platform, not through a court. More on that below, because it is the most powerful tool you have.
The order of control: who beats who
This is the part that trips up almost everyone. Missouri law sets a clear pecking order for who decides what happens to your accounts. Section 472.415 lays it out.
1. An online tool comes first
If the platform gives you an “online tool” to name someone and change that choice whenever you want, that choice overrides your will, your trust, and your power of attorney. Facebook’s Legacy Contact and Google’s Inactive Account Manager are the two best-known online tools. If you set one of those, it wins over everything else. That is a big deal, and most people have no idea they already made a binding legal choice by clicking a setting.
2. Your estate documents come second
If you did not use an online tool, or the platform does not offer one, then your will, trust, or power of attorney can direct whether your fiduciary gets access to your accounts, including the content of your messages. This is why the language in your documents matters. Silence is not a plan.
3. The terms of service come last, but only if you said nothing
If you gave no direction anywhere, the platform’s terms-of-service agreement or federal privacy law can limit or block access. Section 472.420 is blunt about this. The Act does not hand your fiduciary any new or expanded rights beyond what you yourself had, and access can be cut off by the terms of service if you never spoke up. In plain terms: if you do not choose, the platform chooses for you.
What your fiduciary can actually get
Getting “access” does not always mean logging in as you. Under Section 472.425, the custodian decides how to hand things over. It can grant full access to the account, partial access to just what the fiduciary needs, or simply provide a copy of the digital assets in a separate record. The platform gets to pick, at its own discretion.
There is also a split between two kinds of information. The catalogue of your communications, meaning who you talked to and when, is easier to get. The actual content of your messages is harder. Under Section 472.430, a custodian will only disclose the content of your electronic communications to your personal representative if you consented to it or a court orders it, and the representative hands over three things: a written request, a certified copy of your death certificate, and certified letters testamentary or letters of administration.
That last requirement is the reason a plain login and password sticky note is not a plan. Passing your password to a family member can violate the platform’s terms and even federal law. The clean path is the one the statute builds.
How to set this up the right way in Missouri
You do not need to be wealthy or old to do this. If you have accounts, you have digital assets. Here is the order I walk clients through.
- Set the online tools first. Log into Facebook and name a Legacy Contact. Open Google’s Inactive Account Manager and name a trusted person and a trigger period. Because these override your will under Section 472.415, they are the strongest and simplest step you can take.
- Put digital-asset language in your will and trust. For every account without an online tool, your estate documents should clearly say your fiduciary may access your digital assets, including the content of communications. Without that sentence, a court order may be the only way in.
- Cover incapacity, not just death. A durable power of attorney can grant your agent access to digital assets while you are alive but unable to act. Death is not the only reason someone needs into your accounts.
- Keep an inventory. List your accounts and where to find them. Do not write passwords into the will itself, since a will becomes a public record in probate. Store credentials in a secure password manager and tell your fiduciary how to reach it.
We cover the broader picture in our guide on keeping digital assets secure in Missouri estate planning, and the cost of skipping it in what happens when digital assets get forgotten. Young adults, this applies to you the day you turn eighteen; see the legal plans every young adult in Missouri should make now.
Frequently asked questions
Does Missouri recognize a “digital executor”?
Not as a separate title. Missouri handles digital accounts through the Fiduciary Access to Digital Assets Act, Sections 472.400 to 472.490. The role goes to your fiduciary, usually your personal representative, or to a “designated recipient” you name directly through the platform.
Does my will control my Facebook account?
Only if you did not use Facebook’s Legacy Contact tool. Under Section 472.415, a platform’s online tool overrides your will when it lets you change the setting at any time. If you never set the online tool, then your will can direct access.
Can I just give my family my passwords?
You can, but it is a weak and risky plan. Sharing a password can break the platform’s terms of service and run into federal privacy law. Section 472.420 says the Act gives your fiduciary no more rights than you had, so the reliable route is naming people through online tools and your estate documents, not a sticky note.
Can my executor read my private messages?
Not automatically. Under Section 472.430, a platform will disclose the content of your electronic communications only if you consented or a court orders it, and your executor provides a written request, a certified death certificate, and certified letters testamentary or administration. Otherwise your executor may get only the catalogue of your communications, not the words inside.
What is a designated recipient?
A designated recipient is a person you choose through an online tool to manage your digital assets, defined in Section 472.405. Facebook’s Legacy Contact is a good example. Because it is set through the platform, it can control your account without waiting on probate.
What if I do nothing at all?
Then the platform’s terms of service and federal law decide, and your family may be locked out or forced to ask a court for help. Doing nothing is a choice, and it is usually the worst one for the people you leave behind.
Talk to a Kirksville estate planning attorney
Setting up who controls your social media takes about the same effort as naming a beneficiary on a bank account, and it saves your family a real headache. If you are in Kirksville, Adair County, or anywhere in northeast Missouri, Nolan Law Firm can build digital-asset authority into your will, trust, and power of attorney so the right person can act without a court fight. Reach out and we will make it simple.
This article is general information about Missouri law, not legal advice. Reading it does not create an attorney-client relationship. For advice about your own situation, speak with a licensed Missouri attorney.
