Crypto Estate Planning: A Simple Guide for Passing Down Crypto Assets
Crypto estate planning helps make sure your crypto is securely passed down to your heirs. To do it right, you’ll need to list your crypto, choose secure storage, write down how to access it, include it in your will or trust, and pick someone who understands crypto to handle it.
Did you know that it’s estimated that tens of billions in crypto assets have been lost forever because of lost private keys? A big chunk of that is likely due to the unfortunate reality that when a crypto owner passes away, no one else knows how to access their assets.
If you don’t want your crypto to disappear into the digital void, you’ll need to plan ahead—especially if you’re over 50, as 12% of all US crypto holders are, according to this report.
In this guide, we’ll walk you through the step-by-step process of crypto estate planning, ensuring your crypto is passed down securely to your heirs. You’ll learn how to set everything up so that your assets are transferred smoothly, even after you’re gone.
What Happens to your Crypto After you Die?
Estate planning for crypto is all about figuring out how your assets will be handled and passed on after you’re gone. This usually involves writing a will, setting up trusts, and picking someone to make sure everything goes as planned.
Inheritance laws determine who gets what from your estate. These laws can vary depending on where you live and will guide how your assets are split among your heirs.
Check out our in-depth crypto taxes for inherited assets for more info.
Now, when it comes to crypto, things get a bit more complicated. Unlike traditional assets like a house or a bank account, which have clear legal paths for transferring ownership, crypto is tied to something called a private key. If you’re familiar with crypto, you know this key is like a credit card PIN you need to access your digital assets, like Bitcoin. But unlike a PIN or password, if you lose it, there’s usually no way to recover it, even if you can prove who you are. So, if your heirs don’t have the private key, they can’t get to your crypto, no matter what your will says.
That is why estate planning for crypto involves more than just writing a will. You need to make sure your private keys are stored safely and that your heirs know where to find and use them. One way to do this is by storing your private keys on a piece of paper or a hard drive, keeping them safe, and mentioning them separately in your will as a tangible asset. Without this kind of planning, your crypto could be lost forever, leaving your loved ones with nothing.
Check out our in-depth estate planning for crypto assets guide for more info.
Practical Steps for Estate Planning with Crypto Assets
Planning for the future of your crypto assets isn’t just about knowing the legal or technical side of things. It’s about making sure your digital assets are passed down to your loved ones smoothly and securely. In this guide, we’ll walk you through simple, practical steps to help you prepare for passing down crypto assets, so they’re inherited exactly as you intended.
1. Inventorying your Crypto Assets
The first step in crypto estate planning is to list everything you own. Think of it as creating a detailed map of your digital assets so your heirs don’t get lost in the process. This inventory should include every type of crypto you hold—whether it’s Bitcoin, Ethereum, NFTs, or other tokens. Be sure to include:
Type of Asset: Is it a cryptocurrency, an NFT, or maybe a token from a specific platform? Clearly labeling each asset will help your executor or beneficiaries understand what they’re dealing with.
Location: Where is your crypto stored? Whether it’s on a centralized exchange like Binance or Coinbase, a hot wallet on your phone, or a cold wallet tucked away for extra security, note it down.
Access Information: This is key. Include wallet addresses, account numbers, and any other details like passwords or seed phrases that will help your loved ones access these digital assets after your death.
This inventory acts as a guide for whoever is handling your estate, making sure your crypto doesn’t get lost in the digital ether. Without this, your beneficiaries may have a tough time knowing what you own or how to claim it, like trying to find a needle in a haystack. A thorough list will help secure your crypto for heirs and make the transfer process smoother.
2. Crypto Storage Solutions for Estate Planning
When it comes to crypto estate planning, one of the biggest priorities is making sure your assets are stored safely. The right storage solution can make all the difference, especially when thinking about how your digital assets will be passed down. Here are some solid options to consider:
Cold Wallets: If you’re serious about security, cold wallets are your best bet. These are offline storage options like hardware wallets or even paper wallets. Since they aren’t connected to the internet, they’re much harder for hackers to target. But remember, because they’re physical devices, you’ll need to store them somewhere safe, like a safe deposit box. Make sure your estate plan includes detailed instructions on where to find these wallets, so your beneficiaries don’t end up in a scavenger hunt.
Multi-Signature (Multi-Sig) Wallets: Want extra peace of mind? A multi-signature wallet requires multiple people (or keys) to approve any transaction. It’s great for crypto will preparation since you can give a few trusted individuals or entities different keys. This way, no single person can access your crypto without the others knowing. Just be sure to document who has the keys and what the process should be if they need to access your assets after your death.
Encrypted Backups: No matter what storage method you use, it’s smart to create encrypted backups of your private keys and access details. These backups should also be kept in a safe place and mentioned clearly in your estate plan. That way, your heirs have a backup plan if something goes wrong with the main storage method.
3. Guide Heirs on How to Access your Crypto Assets
Even if your crypto is stored securely, it won’t do your heirs much good if they don’t know how to access it. Proper documentation is key to ensuring that your digital assets after death are passed down smoothly. Here’s what you need to include:
Passwords and Recovery Phrases: You probably have a mix of passwords, PINs, and recovery phrases to access your wallets, exchanges, and other crypto platforms. All of this information should be included in your documentation to make things easy for your heirs when they go to inherit your cryptocurrency.
Step-by-Step Instructions: Think about it—if your heirs aren’t familiar with crypto, they might be completely lost. To avoid confusion, consider writing out simple, step-by-step instructions on how to access and manage your assets. Walk them through how to use private keys, how to log into exchanges, and how to transfer funds. Even if they have no clue about crypto, these instructions will help them handle everything with confidence.
Be sure to store this documentation securely, whether in a password-protected file, a safety deposit box, or a secure vault. Also, make sure your executor or a trusted person knows where to find it. That way, your crypto inheritance guide is ready when it’s needed, and your loved ones can access your assets without any unnecessary stress.
4. Writing a Will for Crypto Assets
One of the most important steps in crypto estate planning is making sure your crypto assets are covered in your will. But there are a few specific things to keep in mind when writing a crypto will:
Asset Distribution: Whether you’re leaving Bitcoin to one person and Ethereum to another, or splitting your entire portfolio equally, specify exactly how you want your crypto assets to be distributed among your beneficiaries.
Executor Authority: You’ll also need to give your executor the power to manage and transfer your crypto. This means providing instructions on how they can access your wallets, private keys, and any exchanges where your assets are held. Without this authority, they may run into legal or practical roadblocks when trying to handle your crypto.
Read Step 6 to find out how to choose a competent and trustworthy executor for your crypto will.
But here’s the tricky part: don’t include sensitive info like private keys or passwords directly in the will. A will becomes public after your death, and you definitely don’t want that information out in the open. Instead, simply reference where that information is securely stored, like a safety deposit box or a secure file.
However, if you don’t want the details of who you’re passing down your crypto to, read the next step.
5. Setting Up a Trust for Crypto Assets
If you have a substantial amount of crypto or specific wishes for how it should be handled, setting up a trust can be a great option. A trust gives you more control over how your crypto is passed down and can offer some additional benefits that a will alone might not cover. Here’s why a trust might be a smart move:
Control Distribution: With a trust, you get to decide how and when your crypto assets are distributed to your beneficiaries. For example, if you’d rather your heirs receive smaller amounts over time, instead of one big lump sum that could be sold off too quickly, a trust lets you plan for that.
Protect Privacy: Unlike a will, a trust is private, meaning your digital assets after death, and the details of who gets what won’t be made public. This can be especially important if you’d rather not have your crypto holdings or personal plans out in the open.
Mitigate Tax Liabilities: When properly set up, a trust can help reduce the tax burden on your estate, making it easier for your heirs to inherit more of your crypto. This can be a valuable tool in managing any potential tax implications.
To set this up right, work with an estate planning attorney who understands crypto. They can help make sure the trust fits into your overall estate planning for crypto and that everything is legally sound.
6. Naming an Executor or Trustee with Knowledge of Crypto
When it comes to passing down crypto assets, choosing the right executor or trustee is key. This person will be responsible for managing and transferring your digital wealth, so they need to be up to the task. Here’s what to look for:
Trustworthy and Reliable: As with any executor, this person should be someone you trust fully to carry out your wishes. They’ll be handling sensitive assets, so you want someone who will manage everything with integrity.
Technically Competent: Managing crypto isn’t as simple as handling traditional assets. Ideally, your executor should know their way around cryptocurrencies, from using wallets to transferring funds. If they’re not a crypto expert, they should at least be willing to work with professionals who are. This will help ensure that your digital assets after death are transferred smoothly and securely.
If you don’t have someone in your circle with this level of knowledge, you can always consider hiring a professional executor or trustee who specializes in crypto assets. These professionals are trained to handle the unique challenges of crypto inheritance and will ensure your assets are managed according to your wishes.
FAQ
What percentage of crypto is lost?
According to research by Chainalysis, it’s estimated that around 17% to 23% of the total Bitcoin supply could be lost forever. This usually happens when private keys are misplaced or forgotten, making the crypto impossible to access. These lost Bitcoins are no longer available to anyone.
What happens to crypto if the owner dies?
If the owner of crypto dies and hasn’t planned for it, the crypto could be lost forever if no one knows how to access it. However, if the owner has planned ahead by documenting private keys, passwords, and other access details, those assets can be passed down to heirs.
How do I leave crypto to a loved one?
To leave crypto to a loved one, follow these steps:
- Create an inventory of your crypto assets, including details like wallet addresses, private keys, and where the crypto is stored.
- Store access info securely, like in a password-protected document or safety deposit box, and make sure it’s accessible when needed.
- Include the crypto in your will or set up a trust, specifying who should inherit the assets.
- Choose an executor or trustee who understands how to handle crypto or is willing to work with professionals who do.
This ensures your loved one can easily access and inherit your crypto when the time comes.