Digital Legacy6 min read

Cryptocurrency and Digital Assets in Your Estate Plan

Cryptocurrency can be lost forever if heirs can't access it. Learn how to include Bitcoin, Ethereum, and other digital assets in your estate plan.

Cryptocurrency presents a unique and serious challenge for estate planning. Unlike a bank account, which can be accessed by an executor with a death certificate and court order, cryptocurrency protected by a private key or seed phrase that only the owner knows may be permanently inaccessible — and permanently lost — if that information isn't passed on.

How Cryptocurrency Works (and Why It's Different)

Cryptocurrency is owned by whoever controls the private key — a cryptographic string of characters that proves ownership and authorizes transactions. If you hold your own keys (in a hardware wallet or software wallet, rather than on an exchange), your heirs need those keys to access your crypto. Without them, the assets cannot be recovered. No bank. No court. No recourse.

Estimates suggest that 20% or more of all Bitcoin in existence is permanently lost — much of it due to the deaths of owners whose keys were never shared with anyone.

Types of Cryptocurrency Holdings

Exchange-Held Cryptocurrency (Custodial)

If your crypto is held on an exchange like Coinbase, Kraken, or Binance, the exchange is the custodian — similar to a bank. Heirs may be able to access these accounts by providing a death certificate and proof of identity. The process varies by exchange, and some are more cooperative than others. Documentation of which exchange and the account email address is essential.

Self-Custody Wallets (Non-Custodial)

If you hold your own keys — through a hardware wallet (Ledger, Trezor) or a software wallet — heirs need access to:

  • The seed phrase (recovery phrase): A 12- or 24-word phrase that can restore your wallet. This is the master key. Whoever has this phrase controls your crypto.
  • The wallet itself: The physical hardware wallet or software application
  • Any associated PIN or passphrase

How to Protect Cryptocurrency for Heirs

Document Your Holdings

Include in your digital assets inventory:

  • Which cryptocurrencies you hold
  • Approximate value (with a note that it fluctuates)
  • Whether each is held on an exchange or in a self-custody wallet
  • For exchanges: the platform name and associated email
  • For self-custody: the type of wallet and where it's stored

Secure Storage of Seed Phrases

Your seed phrase should never be stored digitally — not in a cloud file, email, or photo. Options for secure storage include:

  • Metal seed phrase storage plates: These are fire-resistant, flood-resistant, and durable for decades
  • Fireproof safe at home: With the location known to your executor
  • Safe deposit box: With your executor named as co-signer
  • With a trusted third party: A sealed envelope left with an attorney

Consider splitting information: store the seed phrase separately from the wallet hardware, so no single location contains everything needed for full access.

Multi-Signature Wallets

For significant crypto holdings, a multi-signature (multisig) wallet requires approval from multiple key holders to authorize a transaction. This can be set up so that heirs (e.g., two of three specified individuals) can access your holdings collectively — a more secure approach than trusting a single heir with all credentials.

Tax Considerations

Inherited cryptocurrency receives a stepped-up cost basis at the date of death — meaning heirs typically owe capital gains tax only on appreciation after the date of inheritance, not on the original purchase price. Consult a tax professional for your specific situation.

For the complete picture of digital asset planning, see our complete guide to managing your digital legacy.

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