Closing a Digital Life With Care

The executor expected to find photographs on the deceased’s social media account.

They did not expect to find a business.

The account contained years of family memories, private conversations and messages from people who had not yet heard about the death. It also promoted the deceased’s artwork, directed customers to an online store and received enquiries about unpaid orders.

One family member wanted the profile deleted immediately.

Another wanted it preserved permanently as a memorial.

A third had found the deceased’s password and had already started replying to messages in the deceased’s name.

The executor stopped them.

A social media account can be emotionally important, commercially valuable and legally sensitive at the same time. It may contain digital property belonging to the estate, but it may also hold private information about hundreds of living people. The executor must therefore distinguish between preserving evidence, protecting financial interests, notifying contacts and taking control of the deceased’s online identity.

In New Zealand, there is no single universal process that applies to every social media account. The outcome depends heavily on the provider’s contractual terms, any settings chosen during the user’s lifetime, the wording of the will and the executor’s ability to prove authority.

The executor’s safest approach is to secure the account, identify its purpose and decide deliberately whether it should be memorialised, archived, transferred where possible or deleted.

## Social Media Accounts Are Not All the Same

The phrase “social media account” can describe very different things.

An account may be:

– A private personal profile
– A public creator page
– A community group
– A business page
– A professional portfolio
– A monetised content account
– An advertising account
– A marketplace profile
– An account used mainly for direct messages
– A login method for other digital services

The executor should not begin with a single decision covering every account.

A private profile containing family photographs may require a different approach from a page that generates advertising income or manages customer orders.

Create a digital account register showing:

| Account Type | Purpose | Financial Connection | Initial Action |
|—|—|—|—|
| Personal profile | Family and social contact | None found | Preserve and review memorial options |
| Public creator account | Publishes artwork | Advertising income | Secure and assess estate value |
| Business page | Customer communication | Connected to online store | Maintain temporarily |
| Community group | Volunteer administration | No estate ownership confirmed | Identify replacement administrator |

The register should record the associated email address, telephone number, recovery method, known administrators and any payment accounts.

## Secure Devices and Recovery Methods First

Before contacting account providers, secure the practical tools that could allow someone to alter or delete the accounts.

These may include:

– Mobile phones
– Computers
– Tablets
– Security keys
– Authentication applications
– Recovery codes
– Email accounts
– Password managers
– Linked telephone numbers
– Backup drives

Do not let relatives browse freely through the devices.

Uncontrolled access can result in:

– Messages being deleted
– Posts being changed
– Accounts being closed
– Evidence being lost
– Private conversations being copied
– Financial accounts being accessed
– Someone impersonating the deceased

Record who has possession of each device and whether it was locked or active when found.

The executor should avoid changing passwords immediately unless necessary to prevent unauthorised access. A password change can alert providers, disconnect linked applications or destroy access that cannot later be restored.

## Do Not Impersonate the Deceased

Knowing the password does not mean the executor should continue operating the profile as though the deceased were alive.

The executor should not:

– Reply in the deceased’s voice
– Accept new contracts in their name
– Send personal messages as them
– Post opinions attributed to them
– Approve purchases
– Change historic conversations
– Conceal the death from customers or followers
– Answer security questions dishonestly

Such conduct can mislead contacts, create contractual problems and damage trust.

Where an account must remain temporarily active, communication should be clearly identified as coming from the estate or an authorised administrator.

A notice might state:

> This account is currently being managed for estate-administration purposes following the account holder’s death. Existing business and account matters are being reviewed.

Do not publish details of the executor, beneficiaries, probate process or cause of death unless there is a genuine reason and appropriate family authority.

## Check the Will and Digital Instructions

The will may contain instructions concerning:

– Digital accounts
– Photographs
– Written content
– Business pages
– Intellectual property
– Password records
– Online memorials
– Deletion
– Appointment of a digital executor or adviser

A separate document may also record the deceased’s preferences.

The executor should determine whether that document is:

– A legally binding testamentary instruction
– An administrative guide
– A non-binding expression of wishes
– An outdated list
– Potentially an informal testamentary document

For example, a note stating “please delete all my accounts” may express a clear preference but still require interpretation alongside the will, provider terms and the estate’s need to preserve business or financial records.

Do not delete first and investigate later.

Once an account and its content are permanently removed, recovery may be impossible.

## Provider Rules Can Control the Available Options

Online account providers operate under their own terms and deceased-user procedures.

Depending on the service, the provider may allow:

– Memorialisation
– Permanent deletion
– Appointment of a preselected contact
– Limited account management
– Download of selected data
– Closure after proof of death
– Transfer of a business page
– No access to private messages
– No transfer of the personal profile

The executor’s probate authority does not necessarily override the provider’s contractual and technical rules.

A personal profile may be treated as a non-transferable licence rather than an asset that can be handed to a beneficiary.

A separate business page associated with that profile may nevertheless allow another authorised administrator.

Ask each provider for its current deceased-account procedure rather than assuming that all platforms work alike.

## What Documents May Be Required?

A provider may request:

– Death certificate
– Executor identification
– Probate
– Letters of administration
– Copy of the will
– Proof of relationship
– Account URL or identifier
– Registered email address
– Court order
– Provider-specific request form
– Evidence of urgent financial harm

Probate is the High Court’s formal confirmation that the executor appointed under the will has authority to administer the estate. Online providers may still determine what account access or action their own terms permit after that authority is proved. citeturn936849search4turn936849search18

Ask what form of certification is accepted.

Do not send original probate or identity documents through unsecured messaging.

Retain:

– Request submitted
– Documents supplied
– Date
– Reference number
– Provider response
– Action completed
– Any data received

## Memorialisation and Deletion Are Different

Memorialisation generally preserves part of a profile while showing that the account holder has died.

Potential effects may include:

– Preventing ordinary login
– Retaining past posts
– Allowing friends to view memories
– Restricting account changes
– Disabling recommendations or reminders
– Giving a nominated contact limited controls
– Preserving comments and photographs

Deletion aims to remove the account and its content, although technical backups may remain for a period under the provider’s systems.

Before choosing, consider:

– The deceased’s expressed wishes
– Family views
– Privacy
– Emotional impact
– Business needs
– Legal claims
– Intellectual property
– Messages containing estate evidence
– Data belonging to living people
– Whether an archive can be obtained first

Memorialisation is not always reversible.

Deletion may be irreversible.

The executor should understand exactly what each option does before submitting the request.

## Grief Should Not Be Rushed Into a Permanent Decision

Families may react strongly to an active social media profile.

Automatic birthday reminders, memory notifications and suggested connections can be painful.

Other relatives may find comfort in returning to old photographs, comments and messages.

There is no psychologically universal answer.

A careful executor can acknowledge the emotional impact while still protecting the estate.

Where no urgent risk exists, it may be sensible to:

1. Secure the account.
2. Stop unauthorised access.
3. Preserve necessary data.
4. Inform close family of the options.
5. Allow a defined period for views.
6. Make the formal request afterward.

This does not mean allowing the decision to remain unresolved indefinitely.

Set a review date.

## Preserve Evidence Before Changing the Account

A social media account may contain evidence relevant to:

– Unpaid business orders
– Contracts
– Intellectual property
– Ownership disputes
– Harassment
– Fraud
– Loans
– Lifetime gifts
– Testamentary promises
– Will capacity
– Relationship-property claims
– The location of other digital assets

Preserve only what is reasonably required.

Possible records include:

– Account information
– Relevant posts
– Transaction messages
– Business correspondence
– Advertising records
– Payment notices
– Account ownership details
– Dates and timestamps

Record how the material was obtained and where it is stored.

Do not edit the original content.

Screenshots may help, but an official account archive or properly preserved export may be stronger where available.

## Private Messages Require Particular Restraint

Direct messages are not simply the deceased’s private information.

They commonly contain information about living people.

New Zealand’s Privacy Act generally defines an individual as a living natural person, meaning a deceased person does not hold privacy rights in the same way. However, the Act expressly recognises circumstances where information may be withheld to prevent unwarranted disclosure of a deceased person’s affairs or another person’s affairs. citeturn936849search5turn936849search6turn936849search16

The executor should not read or distribute every conversation.

Ask:

– Is this access necessary for estate administration?
– Does the conversation concern an asset, liability or legal claim?
– Does it expose sensitive information about a living person?
– Can the relevant fact be recorded without copying the entire discussion?
– Is the conversation legally privileged?
– Should a lawyer review it first?

Beneficiaries are not automatically entitled to the deceased’s complete message history.

## Do Not Share Private Content With the Family Group

An executor might discover messages discussing:

– Relationships
– Health
– Financial hardship
– Family conflict
– Sexual matters
– Allegations of wrongdoing
– Confidential business information
– Another person’s trauma

Even where the deceased no longer has direct Privacy Act rights, careless disclosure may expose the private affairs of living individuals and cause unnecessary harm. The Privacy Commissioner recognises that access or disclosure can be limited where another person’s privacy interests outweigh the requester’s interest. citeturn936849search29

The executor should report estate-relevant conclusions rather than circulating raw conversations.

For example:

> Messages indicate that the deceased may have advanced $15,000 as a loan. The executor is seeking supporting banking records.

This is more appropriate than forwarding years of private correspondence to every beneficiary.

## Identify Financial Connections

A social media profile may connect to:

– Advertising revenue
– Creator payments
– Online sales
– Subscriptions
– Donations
– Marketplace balances
– Business leads
– Sponsorship contracts
– Affiliate payments
– Paid memberships

Check:

– Linked bank accounts
– Payment dashboards
– Tax statements
– Pending payouts
– Customer obligations
– Refund requests
– Advertising commitments
– Contract terms
– Whether the account can continue after death

Where income exists, add it to the estate inventory.

Do not delete a monetised account until:

– Outstanding earnings are collected
– Refunds and liabilities are identified
– Tax records are preserved
– Customers are addressed
– Intellectual-property rights are reviewed
– Transfer or sale options are understood

## Personal Profiles and Business Pages Must Be Separated

A deceased person may have used one personal login to administer several business or community pages.

Deleting the personal profile prematurely could interfere with those pages.

Before any request:

– Identify every connected page.
– Record all other administrators.
– Add or confirm an authorised business representative where permitted.
– Preserve business content.
– Separate personal and commercial messages.
– Confirm who legally owns the business.
– Remove the deceased’s access only when continuity is secured.

Where the business belongs to a company, the company should control the business page through proper governance.

The executor’s role may concern the deceased’s shares or personal account, not ownership of the company’s entire digital presence.

## Online Groups and Community Roles

The deceased may have administered:

– Support groups
– Clubs
– Community pages
– Hobby groups
– Volunteer organisations
– Private family groups

The group’s content may belong collectively or be governed by the service’s rules rather than forming an estate asset.

The executor should identify suitable continuing administrators and arrange an orderly transition where possible.

Do not download and treat the group’s member information as estate property.

The membership list and discussions contain personal information about living people and should remain protected.

## Photographs Are More Complicated Than They Appear

A profile may contain photographs:

– Taken by the deceased
– Taken by someone else
– Uploaded by friends
– Copied from another source
– Showing children
– Showing private events
– Used commercially
– Licensed under contract

Possessing the account does not mean the estate owns copyright in every image.

Copyright may belong to the photographer or another rights holder.

The executor should distinguish:

– The digital copy stored in the account
– Copyright ownership
– Privacy and consent
– The right to publish
– The right to provide family copies

A family archive may be appropriate, but wholesale republication can create legal and privacy problems.

## Preserve Original Creative Work

Social media accounts may contain valuable original material such as:

– Writing
– Photography
– Music
– Artwork
– Videos
– Educational content
– Designs
– Business branding

The estate may own copyright or other intellectual-property rights created by the deceased, subject to employment, commissioning or licensing agreements.

Before deleting:

– Download original files where available.
– Preserve dates and authorship evidence.
– Identify existing licences.
– Record income.
– Review commercial value.
– Check whether the will gifts intellectual property.
– Determine whether content appears elsewhere.

A social profile itself may not be transferable, but the creative works displayed through it may remain valuable estate property.

## Avoid Announcing the Death Too Quickly

A public post may feel like the fastest way to notify a wide circle.

Before posting, confirm:

– Close family have been informed.
– The wording is accurate.
– The family agrees on basic details.
– The death is not subject to sensitive circumstances.
– The post does not expose the vacant home.
– Funeral information is safe to publish.
– No vulnerable person is being identified unnecessarily.
– The account can be used lawfully for the announcement.

Do not share:

– The full residential address
– Information about empty estate property
– Probate details
– Account information
– Medical details
– Family disputes
– Travel plans leaving property unattended

A short factual notice is usually safer than a detailed explanation.

## Be Alert to Impersonation and Account Takeover

After death, an account may be targeted by:

– Scammers
– Identity thieves
– Fake memorial accounts
– Fraudulent fundraising
– Unauthorised relatives
– Former business associates
– People seeking access to contacts

Warning signs include:

– Password-reset notices
– Changed contact details
– New posts
– Messages requesting money
– New payment links
– Unknown administrators
– Suspicious fundraising appeals

Secure the linked email and telephone number.

Tell close contacts not to respond to unexpected financial requests from the account.

Report fraudulent copies through the provider’s impersonation process and preserve evidence before they disappear.

## Stop Scheduled Posts and Advertising

Some accounts may have prearranged:

– Scheduled posts
– Automated messages
– Advertising campaigns
– Product promotions
– Birthday content
– Email-linked announcements

These can continue after death, creating confusion or financial cost.

Review:

– Content calendars
– Advertising accounts
– Payment methods
– Automated replies
– Connected business tools
– Third-party management services

Pause content that could misleadingly suggest the deceased is still personally active.

Do not cancel legitimate business advertising without checking whether it protects a company or saleable enterprise.

## Avoid Changing Historic Content

Family members may want to remove posts they find embarrassing or offensive.

An executor should be cautious about rewriting the deceased’s public history.

Historic content may have:

– Emotional significance
– Evidential value
– Intellectual-property value
– Context for business activities
– Relevance to legal proceedings
– Comments from living people

Removal may be appropriate where content:

– Creates immediate safety risk
– Reveals financial credentials
– Facilitates identity fraud
– Publishes private information unlawfully
– Breaches a court order
– Causes serious ongoing harm

Do not edit simply to create a more flattering memorial image.

Preservation, limited visibility or formal memorialisation may be preferable to selective rewriting.

## Handling Harmful or Distressing Content

An executor may discover content involving:

– Bullying
– Abuse
– Threats
– Self-harm discussions
– Exploitation
– Harassment
– Illegal activity

Preserve evidence where legal action, safety or reporting may be required.

Do not circulate it casually.

Where living people may be at risk, contact the appropriate professional or authority.

The executor should not attempt to conduct a public investigation through the account.

Legal and privacy advice may be appropriate before deleting content that could be evidence.

## Decide Who Can Participate in the Decision

The executor has the estate-administration role, but others may have legitimate interests.

These may include:

– Surviving partner
– Children
– Beneficiaries
– Business directors
– Copyright beneficiaries
– Co-administrators of pages
– People named in the deceased’s instructions
– Cultural or community representatives

Consultation can be helpful, but the executor should avoid turning account decisions into a family referendum.

The will, provider rules, ownership and estate interests remain central.

Where views differ, document:

– Options
– Risks
– Preferences
– Deceased’s instructions
– Decision
– Reason

## Memorialisation May Preserve More Than Memories

A memorialised account can serve several purposes:

– Preserving public photographs
– Allowing condolences
– Maintaining historical posts
– Preventing ordinary account takeover
– Informing distant contacts
– Providing a stable digital memorial

Potential disadvantages include:

– Ongoing emotional distress
– Exposure of old content
– Comments requiring moderation
– Limited ability to manage the profile
– Continuing privacy concerns
– Inability to transfer or monetise the account
– Future changes to provider policy

The executor should confirm what powers remain after memorialisation.

Do not assume the account can later be restored to ordinary use.

## Deletion May Be Appropriate When Risks Outweigh Value

Deletion may be suitable where:

– The deceased requested it
– The account has no estate value
– Fraud risk is high
– Private content is exposed
– Family members agree it is distressing
– Data has been preserved appropriately
– The account is no longer required for business or evidence

Before deleting, complete a deletion checklist:

– Financial balances collected
– Relevant messages preserved
– Photographs reviewed
– Intellectual property secured
– Connected pages transferred
– Customer matters completed
– Automatic payments cancelled
– Provider’s permanence warning understood
– Family or beneficiary issues considered
– Written decision recorded

Deletion should be the last step, not the first reaction.

## Closing Linked Email and Telephone Accounts

Social media access often depends on email and telephone recovery.

Do not close those services before all dependent accounts have been handled.

Create a dependency map:

| Recovery Service | Accounts Depending on It | Action |
|—|—|—|
| Primary email | Social accounts, investments, cloud storage | Preserve until all transitions complete |
| Mobile number | Authentication and password recovery | Maintain temporarily |
| Secondary email | Business page and website | Transfer to business administrator |

Once the accounts are memorialised, deleted or transferred, the recovery services can be closed through their own deceased-user procedures.

## Document Every Action

Create a social account register containing:

– Account name
– Profile address or identifier
– Registered email
– Purpose
– Ownership
– Other administrators
– Financial connection
– Data preserved
– Provider contacted
– Documents supplied
– Memorialised, transferred or deleted
– Completion date
– Reason

For example:

| Account | Decision | Reason | Completion Evidence |
|—|—|—|—|
| Personal profile | Memorialise | Family wishes and no commercial use | Provider confirmation |
| Art page | Maintain temporarily | Outstanding customer orders | Business handover file |
| Old hobby account | Delete | No estate value after archive | Closure email |
| Community group | Transfer administration | Group belongs to members, not estate | New administrator confirmed |

The record shows that the executor acted systematically rather than making emotional or arbitrary choices.

## When to Involve a Lawyer

Legal advice may be needed where:

– The account produces substantial income
– Ownership is disputed
– Private messages contain evidence
– Intellectual property is valuable
– A business depends on the account
– Family members disagree seriously
– Someone has impersonated the deceased
– Defamatory or illegal content exists
– The provider refuses a valid estate request
– A court order may be required
– Foreign law applies
– The account contains material relevant to a will challenge

A lawyer may help distinguish between:

– The account licence
– Content ownership
– Copyright
– Privacy
– Contractual rights
– Estate property
– Business property
– Evidence

Not every account needs legal involvement. The cost should remain proportionate to the financial and legal risk.

## The Executor’s Social Media Checklist

### Secure

– Collect devices.
– Protect email and telephone recovery methods.
– Restrict family access.
– Record existing administrators.
– Preserve evidence of suspicious activity.

### Identify

– List every account.
– Separate personal, business and community uses.
– Check income and payment links.
– Review connected websites and applications.
– Read the will and digital instructions.

### Preserve

– Obtain authorised archives where available.
– Save estate-relevant business and financial records.
– Preserve original creative work.
– Protect living people’s private information.
– Record how evidence was obtained.

### Decide

– Memorialise.
– Delete.
– Maintain temporarily.
– Transfer business administration.
– Close inactive accounts.
– Document the reason for each choice.

### Complete

– Cancel advertising and unwanted payments.
– Collect outstanding income.
– Transfer connected pages.
– Close linked services in the correct order.
– Obtain provider confirmation.
– Retain the account register with the estate records.

A social media account can feel like the deceased is still present.

Their photographs remain visible. Their words still appear in searches. Their birthday arrives, and automated systems invite people to send messages they will never read.

The executor’s role is not to erase that presence carelessly or preserve it without limits.

It is to decide what belongs to the estate, what belongs to memory, what must remain private and what can safely be allowed to disappear.

## Frequently Asked Questions

### 1. Can an executor log into a deceased person’s social media account?

Practical access may be possible where passwords are available, but the executor should follow the provider’s terms and deceased-user process. They should not impersonate the deceased, make new personal posts or use misleading information to gain access.

### 2. Does probate give the executor complete access to private messages?

Not necessarily. Probate proves the executor’s estate authority, but the provider’s terms, technical restrictions, confidentiality, privilege and the privacy interests of living people may limit access or disclosure.

### 3. What is memorialisation?

Memorialisation is a provider-controlled process that preserves some or all of an account while marking the user as deceased and restricting ordinary use. The exact features and reversibility depend on the provider.

### 4. Should the account be deleted immediately?

Usually not before relevant financial records, photographs, business information, intellectual property and evidence have been reviewed and preserved. Deletion may be permanent.

### 5. Are beneficiaries entitled to read the deceased’s private messages?

Not automatically. Beneficiaries may be entitled to information needed to understand the estate, but private messages can contain sensitive information about living people and should be accessed or disclosed only for a proper purpose.

### 6. What happens if the account earns money?

The executor should identify the payment arrangement, collect outstanding estate income, preserve tax records, address customer liabilities and determine whether the commercial content or connected business can be transferred.

### 7. Can a business page be transferred to someone else?

Potentially. A separate business page may allow another administrator even where the deceased’s personal profile cannot be transferred. The executor should secure business continuity before memorialising or deleting the personal account.

### 8. What records should the executor keep?

Keep the account register, provider requests, authority documents, data-preservation notes, financial records, decision log, transfer confirmations and evidence showing whether each account was memorialised, deleted or closed.