If you're planning your digital legacy in Illinois, understanding the state's digital will laws and digital executor appointment process is essential for protecting your digital assets and ensuring your final messages reach loved ones. Illinois has not yet adopted RUFADAA, but common law and terms of service agreements govern digital asset access after death.

The most important step Illinois residents can take is explicitly authorizing a digital executor in estate planning documents. Illinois allows appointment of a digital executor or fiduciary with specific authority to access digital assets. Common law principles allow testamentary authority over digital assets if properly documented. Without this clear authorization, family members may face significant legal barriers accessing everything from email and social media to cloud storage, cryptocurrency, and business accounts. Illinois law requires at least two witnesses for a valid will, though notarization is not always mandatory.

Illinois Probate Code and Common Law governs how digital assets pass through probate in Illinois. Terms of service agreements govern access State probate code applies to digital assets Privacy laws may restrict certain access Illinois estate planning attorneys recommend creating a comprehensive inventory of digital assets, explicitly granting fiduciary authority in your will or trust, and using a service like DeathNote that complies with Illinois law while providing end-to-end encryption for your posthumous messages.

For Illinois residents, the path forward is clear: document your digital assets, appoint a trusted digital executor with explicit authority, and choose a digital legacy platform that respects both Illinois law and your privacy. DeathNote provides end-to-end encrypted message storage that neither we nor anyone else can access without your explicit permission, combined with proof-of-life verification and delivery systems that comply with Illinois's legal requirements. Your final messages to loved ones are too important to leave to chance or platform policies that may change.