This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Comprehensive guide on how to handle cryptocurrency and online accounts in probate for England and Wales. Learn how digital assets are identified, accessed, valued, transferred or closed, and the legal and practical issues personal representatives must address when administering modern estates with digital property.
As digital technology evolves, many estates now include cryptocurrency and online accounts alongside traditional assets. When someone dies in England or Wales, these digital holdings form part of the estate and must be considered during probate - the legal process by which a deceased person's affairs are administered. Cryptocurrency and online accounts can present distinctive legal, technical and practical challenges, particularly where access credentials are unknown or platforms impose restrictions. This article explains how such assets are treated, what executors and administrators must do, and the practical issues they may face.
What Cryptocurrency and Online Accounts Are in Probate Terms
Cryptocurrency refers to digital tokens and coins such as Bitcoin, Ethereum and stablecoins held in digital wallets or on trading platforms. Online accounts include digital bank accounts, digital wallets (e.g. PayPal), investment platforms, email, cloud storage, domain names, social media accounts and subscription services. All of these may form part of a deceased person's estate.
The new Property (Digital Assets etc) Act 2025 confirms that many digital assets, including cryptocurrency and NFTs, can be treated as personal property for legal purposes. This gives clarity that such digital assets can be inherited, sold or dealt with in probate similarly to traditional assets. However, legal recognition of property status does not automatically resolve access, transfer or valuation challenges.
Legal Authority and Probate Grants
Before dealing with any digital asset, a personal representative (executor or administrator) must obtain a Grant of Probate or Letters of Administration from the Probate Registry (part of HM Courts & Tribunals Service). These grants give the representative the legal authority to collect and manage the estate's assets, including online holdings and cryptocurrency. Without the grant, an executor has no formal authority to act on behalf of the estate in accessing or transferring assets.
Even with probate authority, there are legal restrictions on accessing digital accounts. The Computer Misuse Act 1990 makes it an offence for a third party to access computer data without authorisation. This means executors should follow authorised procedures with service providers rather than rely on locating passwords and entering accounts directly.
Step‑by‑Step: Managing Cryptocurrency and Online Accounts in Probate
1. Identify and Inventory Digital Assets
Create a digital asset inventory that lists all known digital holdings. This should include:
- Cryptocurrency held on exchanges (e.g. Coinbase, Binance) or in private wallets.
- Online financial accounts such as digital bank accounts, PayPal, investment platforms.
- Cloud storage accounts containing valuable or sentimental content.
- Social media and email accounts.
- Domain names and online businesses.
Look through the deceased's digital records, devices and correspondence for clues: bank statements, wallet addresses, online platform notifications and password managers can help identify what exists. Document what type of asset it is, where it is held and any known access information.
2. Secure Access and Protect Assets
Once assets are identified, steps should be taken to secure and preserve them:
- Contact service providers: Notify exchanges, online banks and other platforms of the death and submit probate documentation as required. Providers may have specific procedures for dealing with deceased users' accounts.
- Safeguard credentials: Where access information is available, store it securely to avoid loss. Do not place sensitive information such as private keys or recovery phrases in the will, because wills become public documents.
- Prevent unauthorised access: Consider changing passwords and securing devices if there is a risk of unauthorised activity.
For cryptocurrencies held in private wallets, private keys or seed phrases are essential. If these are lost or unknown, the asset may become permanently inaccessible. Executors cannot force access without these credentials, even with probate authority.
3. Value Digital Assets for Probate and Tax
Digital assets with economic value must be valued as part of the estate at the date of death. This valuation is necessary for:
- Calculating inheritance tax liabilities.
- Preparing accurate estate inventories for probate.
- Determining the estate's net value for distribution to beneficiaries.
Cryptocurrency valuations should reflect market value at the date of death, and professional advice may be necessary for complex or substantial holdings.
4. Transfer, Sell or Close Assets
The next step depends on what the will directs or how the estate is to be distributed under intestacy rules:
- Sell assets: Cryptocurrency and financial accounts may be sold or liquidated, with proceeds added to the estate and distributed according to the will or intestacy.
- Transfer to beneficiaries: Where permitted by law and platform terms, digital assets can be transferred directly to beneficiaries' accounts or wallets. Executors must verify wallet addresses and record all transactions carefully.
- Close online accounts: Social media and subscription accounts often cannot be transferred; they may be closed or memorialised according to platform policy.
Record all actions taken with digital assets in the estate accounts to demonstrate compliance with legal and tax obligations.
Practical and Legal Challenges
Access Restrictions
Online platforms often treat accounts as licensed use rather than owned property, and terms of service may prohibit sharing credentials. Service providers may require court orders or specific documentation even after probate is granted. Executors cannot access accounts simply by having passwords they find.
Missing Credentials and Lost Assets
Without knowledge of where private keys, seed phrases or two‑factor authentication (2FA) codes are stored, even crypto visible on a public blockchain may remain inaccessible. This can permanently deprive the estate of valuable assets. Executors should look for backups or instructions left securely by the deceased, and consider professional help where necessary.
Data Protection and Privacy
Handling personal data within online accounts must comply with data protection laws. Executors should follow service provider procedures for authorised access to protect privacy and avoid legal issues.
Planning Ahead to Simplify Probate
While the focus of this article is on handling digital assets after death, giving thought to digital estate planning can greatly ease the probate process:
- Include digital assets in wills with a list of holdings and instructions on how they should be treated.
- Appoint a “digital executor” familiar with technology and the deceased's online footprint.
- Keep a regularly updated inventory of online accounts, wallet addresses and secure storage locations for access information (kept separate from the will).
Planning reduces the risk of digital assets being forgotten, lost or inaccessible, and supports executors in fulfilling their duties.
Key Takeaways
Cryptocurrency and online accounts are increasingly common assets in modern estates and must be treated as part of the probate process in England and Wales. Executors should identify all such assets, secure access through service providers using appropriate documentation, value them for tax and estate purposes, and then either transfer, sell or close them in line with the will or intestacy rules. Legal authority from a grant of probate is crucial, but platform terms of service and technical access requirements may impose additional hurdles. Careful planning, thorough documentation and professional support help ensure digital holdings are administered correctly and reduce risk for personal representatives.
