Crypto Estates Face a New Risk: Assets Can Disappear When Holders Die

Crypto Estates Face a New Risk: Assets Can Disappear When Holders Die

N
News Editor 01
2026-07-23 12:10:15
With more than 50 million U.S. adults holding crypto, estate planning is shifting toward custody, access rights, and documentation. The key issue is no longer whether digital assets count as property, but whether heirs can actually reach them.
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Crypto inheritance is moving from a niche concern to a practical estate problem. The report says more than 50 million adults in the U.S. hold crypto, which means digital assets are increasingly likely to show up in wealth transfers after death. If access has not been planned in advance, those holdings may remain on-chain but still become unreachable.

Families used to struggle with basic legal questions first: does crypto count as property, and can it sit inside wills and trusts? In many jurisdictions, that uncertainty has eased as rules have been updated to accommodate digital assets. The pressure point now is execution. That is where the real complexity starts.

Advisers first need to identify where the assets are held

Christopher Nekvinda, director of global learning operations at Cannon Financial Institute, said advisers have long hesitated around digital assets in part because holders often know far more about them than their advisers do. That imbalance matters even more in estate planning, where missing details can block access later.

He said planners need to establish whether a person owns crypto and how it is stored. From there, the questions get more specific: who has signing authority, whether beneficiaries understand the holder’s intentions, and whether any document states if the assets should be liquidated or kept in place. If those points are left open, the transfer process can stall quickly.

Custody method shapes what heirs can actually access

The article describes custody as the central issue in crypto inheritance. Control over digital assets depends on protected codes, usually in the form of long alphanumeric strings. Those credentials may be held with a custodian such as Coinbase, or with specialist firms including Bitgo and Fireblocks. Some investors use hardware devices such as Trezor. Others print key information on paper and place it in a safe or deposit box.

Each setup creates a different inheritance path. Assets held with a custodian may be easier to connect to legal procedures than coins kept in a cold wallet under the owner’s sole control, but that only helps if documentation is in place. If access depends entirely on private knowledge that dies with the owner, heirs may know the assets exist and still be unable to move them.

RUFADAA has made executor access clearer in the U.S.

Nekvinda said revised U.S. trust rules under the Revised Uniform Fiduciary Access to Digital Assets Act, or RUFADAA, have made the process much clearer. Under that framework, executors and trustees can seek access to a deceased person’s digital assets in a way that more closely resembles the treatment of traditional securities.

He said the update matters because it gives fiduciaries a defined legal route. With the right documentation, a custody provider such as Coinbase is legally required to give an executor or trustee access to a decedent’s digital assets. Before that change, the law did not clearly require that outcome.

For estate planners, wealth advisers, and families with crypto exposure, the issue is no longer just whether digital assets belong in the estate. The harder task is making sure custody arrangements, access rights, and legal documents are aligned before a transfer ever needs to happen.

This article was originally published by Bit.Fan. For more cryptocurrency news and market insights, visit www.bit.fan.
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