14 September 2026 · Inheritance and digital assets
Preparing a crypto wallet for inheritance: what to record, what to arrange, and what never goes in the will
The legal right in a digital asset passes to the heirs like any other asset. Technical access does not pass by itself, and a succession order does not recover a private key. Closing that gap is what the preparation list is for, and it is closed during life rather than after it.
The four steps
| Step | What is done | What goes wrong without it |
|---|---|---|
| Mapping the assets | A list of the wallets, exchanges and accounts, including hardware wallets, software wallets and exchange accounts | The heirs do not know what exists, and an asset nobody knows of is never claimed |
| Arranging practical access | Deciding where the access material is held, who holds it, and how it is handed over | The right passes and the asset stays out of reach |
| Specific clauses in the will | Express reference to the digital assets and to the person authorised to deal with them | General wording that does not mention them makes dealings with the exchanges harder |
| Documenting the purchase history | Acquisition dates, cost, and the path of the coins | The heir tax computation is made without a proven cost |
What never goes into the will itself
The recovery words and the private key are not written into the will. The will is filed with the Registrar of Inheritance in the probate proceeding, and whoever reaches it reaches the wallet. The accepted approach separates the two: the will points to where the access material is held and who holds it, and the material itself is kept separately in a way that allows a controlled handover.
What is documented for tax
The heir steps into the shoes of the deceased, so the acquisition date and cost of the deceased govern the computation of the gain on a sale. Coins held for years, across several wallets and exchanges, are where most of the work lies: the source of the funds used for the purchase, the path of the coins throughout the holding period, and confirmations from the exchanges. Documentation gathered during the life of the holder saves the reconstruction later.
What the order does and does not do
A succession order or a probate order declares the rights of the heirs, and that is what is produced to an exchange or to anyone else holding an asset for the deceased. Against a self-custody wallet the order does nothing at all, because there is no third party to produce it to. Releasing an exchange account follows the procedure of that exchange, which varies between platforms and usually calls for authenticated documents and translation.
Further reading
The full legal background, including the Kopel judgment, the law on access to digital content and what it leaves unregulated, and the tax framework, is set out in the article on inheritance of digital assets. The procedure for paying the tax where the bank refuses the proceeds is covered in a separate article.
General overview. Correct as at the date of writing, 14 September 2026.