Quick Guide: How Executors Should Handle AI-Generated Content Discovered in a Deceased’s Files

When an executor opens a deceased person’s files and finds AI-generated material, what now?

Quick answer: preserve everything, document the chain of custody, identify whether the file is AI-generated, then use a risk-based decision framework (preserve, notify counsel, remove from public channels, or seek court instructions).

Executors and estate administrators increasingly face a new class of digital evidence in probate: images, audio, video, and text drafts that may have been created or altered by artificial intelligence. These items can affect the estate’s value, expose heirs to legal risk, or become critical evidence in disputes. This guide gives a practical, step-by-step workflow for identifying, cataloging, and deciding what to do with AI-generated content during probate, drawing on 2025–2026 trends in provenance standards, platform policy changes, and recent high-profile litigation.

At a glance: 6-step executor workflow

1. Secure & preserve — make forensic copies and lock down access.
2. Initial triage — flag obvious risks (sexual content, child exploitation, financial fraud).
3. Identify AI provenance — check metadata, watermarks, and forensic indicators.
4. Catalog with an auditable log — record hashes, source, context, and flags.
5. Apply a decision framework — preserve, notify, remove, or litigate.
6. Follow legal and technical steps — chain-of-custody, platform requests, and court petitions.

Why this matters now (2026 context)

High-profile lawsuits in late 2025 and early 2026 (including claims against major AI platforms for nonconsensual deepfakes) have pushed platforms and lawmakers to provide clearer takedown channels and improved provenance metadata. Industry efforts such as the Content Provenance and Authenticity (C2PA) standards and vendor-level provenance APIs have matured, so many modern AI tools now embed tamper-resistant markers or metadata. At the same time, bad actors continue to weaponize generative tools, so executors must balance preservation, reputation risk, and legal compliance when handling discovered AI-generated material.

Step 1 — Secure & preserve: immediate actions (first 24–72 hours)

The first priority is preservation. Executors must not delete, modify, or publicly repost potentially sensitive files. Do the following immediately:

• Make full, forensic copies of drives, cloud folders, and devices. Use disk imaging tools or platform export features. Preserve original timestamps.
• Hash each file (e.g., SHA-256) on the copy and record the hash in your log to establish authenticity later.
• Lock accounts to prevent automated deletions or third-party changes (e.g., turn on preservation holds if available in Google Workspace, Microsoft 365, or cloud storage).
• Restrict access — limit who can view the preserved copies; use encrypted storage and role-based permissions.
• Note context — where the file was found, who had access, and why you suspect AI involvement (e.g., named “generated” folder, prompts, or a familiar watermark).

Tools & quick tips

• Use ExifTool to export metadata from image/audio files.
• Use ffprobe/ffmpeg for audio/video metadata extraction.
• Create a CSV or simple database to log each file’s hash, path, and basic metadata.
• Take screenshots of directory listings and platform pages showing the file state.

Step 2 — Identification: how to tell if content is AI-generated

Identification is rarely binary; treat the result as “AI-likely,” “AI-possible,” or “AI-unlikely.” Use layered indicators:

• Provenance tags and watermarks: Check for embedded C2PA metadata or visible watermarks. In 2025–2026, many services embed provenance claims or a "synthetic" tag in metadata.
• File metadata anomalies: Look for missing camera EXIF, odd creation/modification patterns, or source application tags (e.g., a generation tool name in metadata).
• Forensic artifacts: Visual artifacts, repeating textures, unnatural lighting in images, audio phase artifacts, or LLM-style phrasing in drafts.
• Associated prompt files: Many users save prompts or logs — these are strong evidence the content was AI-generated.
• Platform signals: Check whether the content was produced by an app (e.g., “Created by [AI-service]” entries in social platform logs).

When to call a forensic specialist

Hire a digital forensics expert when: the content involves potential criminal activity (e.g., sexual exploitation of minors, extortion), the estate value depends on the content (e.g., AI-generated art claimed as IP), or when the provenance is likely to be litigated. A specialist can perform deeper analyses and produce court-admissible reports.

Step 3 — Cataloging: create an auditable inventory

Executors must create a clear, scannable inventory that a probate court or counsel can review. Use a spreadsheet or digital vault with these fields at minimum:

• Unique ID
• File name and path
• File type (image, audio, draft, video)
• SHA-256 hash
• Original device or account
• Creation & last modified timestamps
• Source indicators (app name, C2PA tag, prompt logs)
• Risk flags (e.g., sexual content, financial, defamation, IP)
• Action taken (preserved, notified attorney, removed from public view, submitted to law enforcement)
• Notes & supporting evidence (screenshots, export logs)

Keep the catalog immutable where possible (use write-once records or append-only logs) and attach copies of exported metadata and platform response emails.

Step 4 — Decision framework: preserve, notify, remove, or litigate

Use a risk-based decision tree. Consider these factors:

• Estate intent and known wishes: Did the deceased leave instructions related to their digital content or publishing preferences?
• Legal exposure: Does the content harm third parties, potentially create liability for the estate, or involve criminal activity?
• Monetary value: Is the content potentially valuable IP, or could it reduce estate value if published?
• Public safety & privacy: Does it involve minors, sexual or intimate content, or sensitive personal data?
• Evidentiary value: Could the content be material to disputes or probate litigation?

Recommended default actions by risk level:

• High risk (criminal, sexual, minors, extortion): Preserve, isolate, notify counsel, and consider immediate law enforcement contact. Do not share publicly. Obtain forensic report.
• Medium risk (defamation, privacy violations): Preserve and notify the estate’s counsel. If content is live online, use platform takedown channels or a court order as appropriate.
• Low risk (personal drafts, creative AI art): Preserve and document. Decide with heirs whether the content should be deleted, archived, licensed, or published per the deceased’s wishes.

Sample decision flow (short)

1. Is it on public platforms? If yes, capture evidence (screenshots, URLs) and request preservation from the platform.
2. Does it implicate criminal law or child safety? If yes, contact law enforcement and counsel.
3. Does it affect estate administration or value? If yes, consult probate counsel and consider an expert valuation.
4. Otherwise, follow documented estate wishes or family consensus; if none, petition the court for instructions.

Step 5 — Legal & platform actions

Executors often need to interact with platforms, law enforcement, and courts. Keep records of every contact.

• Platform takedowns: Use the platform’s deceased-user process or abuse/takedown form. In 2025–2026, major platforms have specialized flows for synthetic content complaints. Attach your preservation evidence and the file hash.
• Subpoenas and preservation letters: If you need logs or account history, work with counsel to issue legal process. Many platforms require a properly scoped subpoena or court order for account records.
• Court petitions: When in doubt, petition the probate court for instruction—especially before publishing or destroying content that could be contested.
• Criminal referrals: If the content suggests criminal conduct (e.g., sexual exploitation, ransom), notify law enforcement and provide your preserved copies and hashes.

Step 6 — Long-term handling & estate policy

Decide a long-term policy for retained AI content. Options include:

• Archive with access controls: Keep a sealed archive accessible by court order or specified beneficiaries.
• Destroy securely: Only with clear legal authorization or if required to mitigate harm.
• Monetize or license: For valuable AI-generated works, get counsel’s input on IP ownership and licensing.
• Release with redactions: If publishing personal drafts, consider redaction to protect third parties.

Practical templates & an executor’s catalog schema

Use this minimal catalog schema to get started. Create one row per file:

• UID | FileName | FileType | SHA256 | OriginalPath | SourceApp | FoundIn (device/account) | CreationDate | ModDate | C2PA/Provenance | RiskFlag | ActionTaken | Notes

Sample note entries: "Visible C2PA flag: synthetic=true; Associated prompt file: prompts/prompt_2025-11-12.txt; Platform URL captured: https://x.example/…"

Real-world examples — short case studies

Case A: The defamatory deepfake

An executor found a viral video on the deceased’s cloud account showing the deceased in a manipulated interview that made false allegations about a business partner. Actions taken: forensic copy and hash, screenshot of platform with URL, counsel engaged, preservation letter to platform, and a petition to the probate court. The executor avoided public reposting and worked with counsel to request a platform takedown while preserving the evidence for possible litigation.

Case B: AI-generated creative drafts

A deceased entrepreneur left a folder of AI-generated short stories and drafts labeled as "final edits". The heirs wanted to publish. Actions taken: verify provenance, confirm IP rights with counsel (did the deceased retain necessary rights from the tool?), obtain an expert valuation, and include the decision in estate distributions per counsel advice.

Advanced strategies & 2026 predictions

As of 2026, expect these trends to influence executor best practices:

• Wider provenance adoption: More services will include tamper-evident provenance tags and APIs. Executors should learn to read C2PA metadata and request provenance records from platforms.
• Platform policy standardization: Platforms will continue improving deceased-user pathways and synthetic-content complaint channels; keep templates handy for rapid requests.
• Automated triage tools: AI-powered tools will help triage estate repositories for likely AI-generated content, but human legal oversight will remain essential for risk decisions.
• Legal evolution: Expect more litigation and clearer precedents about responsibility for AI-generated content. Executors should budget for counsel in complex cases.

Practical checklist for executors (quick printable)

• Make forensically sound copies of all suspected files.
• Hash and log each file; save metadata exports.
• Flag high-risk content and notify counsel immediately.
• Preserve live platform content via screenshots and preservation requests.
• Do not publicly repost or modify suspected AI-generated files.
• When in doubt, petition the probate court for instruction.

"Preserve first, decide later." — A practical rule for executors handling novel digital content in the age of synthetic media.

Common questions executors ask

Do I have to notify heirs about AI-generated files?

Yes — transparency is usually best. Notify heirs and beneficiaries about discovered items, especially if they affect estate value or create legal risk. If revealing details could escalate risk (e.g., ongoing extortion), consult counsel first.

Can the estate claim ownership of AI-generated art?

Possibly. Ownership depends on the deceased’s terms of service with the AI tool, any contract rights, and whether the estate can assert copyright. This is a fast-evolving area; seek specialized IP counsel.

What if platforms refuse to act?

Escalate with preservation letters, subpoenas through counsel, or a court order. Keep a clear record of attempts to get content removed or preserved.

Final takeaways

• Act quickly to preserve evidence. Executors must assume AI content will be contested and prepare an auditable trail.
• Use a structured catalog and decision framework. That reduces disputes and creates defensible administrative records.
• Bring in counsel and forensic experts for high-risk or high-value items.
• Prepare estate documents for 2026 and beyond — include explicit instructions about AI-generated content, designate a digital asset executor, and describe account access methods.

Call to action

If you’re managing an estate now, download our free executor AI-content checklist and catalog template to start a defensible inventory today. For cases involving potential criminal exposure, IP disputes, or large estate value, contact a probate attorney experienced in digital assets and AI provenance standards.

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