In today’s digital world, estate planning isn’t just about homes and bank accounts—it’s also about what you own online. From cryptocurrency wallets to NFT collections and even social media accounts, your digital footprint can carry serious value. But what happens to these assets when someone passes away?
Unfortunately, most probate laws were written before Bitcoin or Instagram even existed. If you haven’t created a digital estate plan, your heirs may struggle to locate or access your online property. In many cases, crypto keys and passwords are lost forever, making recovery impossible—even if you’re legally entitled to the asset.
To avoid this outcome, it’s crucial to include your digital assets in your estate plan. That means listing them clearly, identifying where and how they are stored, and authorizing someone you trust to access them. Using a password manager with an emergency access feature, or a detailed “digital will,” can also help.
Even if you’re already in probate, understanding digital asset rights is critical. In some cases, beneficiaries may need a court order to access digital wallets or online platforms. Probate attorneys increasingly deal with disputes involving these types of assets.
Digital wealth is growing, and the law is still catching up. Whether you’re an heir or planning ahead, don’t leave your digital life out of the equation. Because in probate court, if no one can prove your crypto exists—or access it—it might as well be gone.