Can I legally bequeath my social media followers to my child in my will?

Social media accounts are no longer just a means of expression and enjoyment but now valuable assets.

For influencers and content creators, follower count determines how much you are paid during brand sponsorship deals. For this influencer and content creator, it raises the legal question: Can I legally bequeath my social media followers to my child in my will?

The answer to this legal question is a combination of jurisdiction, account regulations, and the nature of the account.

Are Social Media Followers an Asset?

Social media followers are not tangible assets, such as a car or a house. They fall into the category of digital assets alongside email accounts, cloud storage, cryptocurrency, and online businesses

Legally, a property that can be willed must be something you own and have the right to will. However, social media followers are regulated under the TOS (Terms of Service) of the platform, which, in most cases, restricts ownership and transferability.

Can you leave social media followers as part of an inheritance? 

In estate law, an asset is categorized as either real property, which includes land and buildings; personal property, which includes tangible items such as cars; or intangible property, which would include intellectual property, bank accounts, and so on. 

Nevertheless, social media accounts, as well as their followers, do not fit into these categories. They are regarded as “digital assets.” Digital assets are regulated by contracts specific to the platforms hosting them, which override traditional property law. 

There is no single legal precedent for treating social media followers as inheritable assets. In the United States, the Uniform Fiduciary Access to Digital Assets Act, or UFADAA, which most states have adopted by 2025, allows fiduciaries to control certain digital assets like email or cloud storage accounts after death, but only if the deceased expressly permits it in their will or estate plan. But then, the UFADAA’s scope with regard to social media accounts is limited by platform TOS agreements, which usually forbid access or transfer by unauthorized third parties. 

While one can state their preferences or wishes in their will, you do not legally have full ownership of social media followers. What you control is the content you create; however, the platform controls the infrastructure and enforces the terms of service. Thus, your child will not be able to “inherit” these followers but could access the account.

Social Media Platforms and Their Policies 

Every social media platform has well-documented rules that govern what happens to accounts after a user dies regarding whether they can be accessed or transferred:

• Instagram (Meta): Accounts may be memorialized or deleted upon proof of death; Meta prohibits the transfer of accounts.

• Twitter/X: X does allow a verified family member to deactivate a deceased account but does not allow transfer of account and followers.

• TikTok: Its policy allows for account removal upon death but does not address the transfer of followers or management of the profile to legal heirs. 

• YouTube (Google): Google allows limited account access for data retrieval via Legacy Contact, but transferring followers or monetized channels without Google’s permission is explicitly prohibited.

These policies show social media companies have considerable control and dominion over accounts and their associated followers, almost making it impossible to will it.

What Are the Best Approaches to Bequeathing Behind Digital Assets?

Are you a social media influencer or content creator like myself and want the best and most practical way to ensure that your wishes are most likely to be followed and honored when you are no more? Take the following steps:

• Incorporate a digital assets clause in your will or trust.
• Hire a digital executor who will be responsible for managing your online accounts.
• Have a digital inventory that will catalog all your accounts, usernames, and passwords (safeguarded).
• Get yourself a password manager, and grant your digital executor access through a legally bound document.
• Check and review specific policies of each platform so you know what’s permissible and what’s not.

The steps listed above might not fully give your child or heir full control of the account when you are dead but will provide a legal and best way of managing your digital assets.

Final Thought

While you may wish to leave your social media following to your child, platform and legal limitations can be a stumbling block. Your best plan is to treat your digital assets as you do any other asset. Write every detail down and talk about it with an estate attorney that has knowledge in digital law.

At the end of the day, your social media activities were not just about followers or likes. It’s your content. By planning carefully, you can ensure it endures in the hands of people you trust most.

Frequently Asked Questions

1. Can I leave my social media followers to my kid in my will? 

NO, you cannot will your social media followers to my kid. Those are real people who chose to follow you for whatever reason, not things you own and can pass down. Social platforms see them as individual users making their own choices. So, sorry you cannot bequeath your Twitter or TikTok account.

2. Can I leave my social media account to my kid as an inheritance? 

Social media accounts are considered digital assets, especially when they are monetized. However, digital assets are regulated by contracts specific to the platforms hosting them, which override traditional property law. Your kid will not be able to inherit the accounts unless permitted by the platforms.

3. What happens to my social media account when I’m no more? 

Usually, your loved ones can either get your account memorialized or shut it down for good. Google allows limited account access for data retrieval via Legacy Contact, but transferring followers or monetized channels without Google’s permission is explicitly prohibited. Instagram and others have similar things. So, don’t expect your next of kin to be the next influencer using your old profile.

4. Are social media accounts actual property I can leave to someone? 

Legally, they are digital assets and are regulated by contracts specific to the platforms hosting them. What you control is the content you create; however, the platform controls the infrastructure and enforces the terms of service.

5. What are the practical ways to bequeath digital assets? 

The practical ways to bequeath  a digital asset are

• Incorporate a digital assets clause in your will or trust.
• Hire a digital executor who will be responsible for managing your online accounts.
• Have a digital inventory that will catalog all your accounts, usernames, and passwords (safeguarded).
• Get yourself a password manager, and grant your digital executor access through a legally bound document.