Why the Will Fails Here

A will is the wrong instrument for digital access, for three concrete reasons. First, once filed with the probate court a will becomes a public document — so a seed phrase, private key, or password written into it is published to the world. Never put access credentials in a will. Second, a pour-over will directing a hardware wallet into a trust is a dangerous legal fiction if no living person can produce the keys; the instruction is unenforceable against cryptography. Third — and least intuitive — using the decedent’s passwords to log into an account, even as the rightful executor, can violate the Computer Fraud and Abuse Act (CFAA) ( 18 U.S.C. §1030) and the provider’s terms of service. Moral standing as an heir is not legal authorization; the fiduciary needs an explicit grant of authority.