What happens to a deceased person’s passwords, cryptocurrencies or social media accounts?

For years, inheritances have consisted of properties, land, company shares, vehicles or money in bank accounts. However, with digitalisation, new digital rights and assets are increasingly appearing as part of estates, and it is important to understand what happens when a person passes away. In this article, our team of specialist inheritance lawyers examines what happens to email and app passwords, cryptocurrencies, and the social media accounts of a deceased person.

What is the inheritance of digital assets?

Nowadays, it is quite common for someone to pass away and for their relatives to know that they had social media accounts or email, but not know the passwords required to access them.

The term digital asset inheritance refers to a set of assets that must be considered as part of the deceased’s estate and may include:

• Social media profiles such as Facebook, Instagram or TikTok.
• Files stored in the cloud (texts, photos).
• Cryptocurrencies.
• Subscriptions to streaming platforms (Netflix, Filmin, Prime Video, Spotify).
• App subscriptions.
• Digital tokens.
• Domain names.
• Digital libraries.

In short, these are intangible digital elements that may have economic or sentimental value for the individual. Therefore, we can distinguish between two types of digital assets:

• Financial assets: cryptocurrencies, domain names, online bank accounts, income derived from online assets (a YouTube channel, for example).
• Personal assets: messages on chat platforms or email, social media accounts, cloud files, app records.

The former can form part of the inheritance, while the latter cannot, although they must still be managed by the heirs.

How are cryptocurrencies inherited?

The first step in any inheritance process is to create an inventory of assets to determine what makes up the estate. In the case of cryptocurrencies, it is essential to know where they are held and to be able to access that location. However, this is considerably more complex than dealing with money in bank accounts, as cryptocurrencies are not controlled by a central bank. Let us look at several scenarios:

• If the cryptocurrencies are held on centralised exchange platforms such as Binance or Kraken, the heirs will need to follow a process established by the platform. This usually involves submitting documents such as the death certificate, the will, the deed of acceptance of inheritance, and the certificate of last wills. This allows the platform to verify ownership and proceed with the transfer of the assets.
  But what happens if we cannot access the platform and do not know the password? In such cases, the situation becomes complicated, as access is often not granted without the password.
• If the cryptocurrencies are stored in a wallet, we also face a problem if we do not have the access keys. To avoid this, many people are now including their private keys in their will so that heirs or the executor can gain access.

How can you access the email and social media accounts of a deceased person?

In this area, legislation has progressed further. Article 3 of the Data Protection Act states the following:

• The deceased’s relatives or heirs may contact the data controller responsible for processing the data to request access to those personal data and to request their rectification or erasure, unless the deceased person had expressly prohibited this.
• In the case of deceased minors, their legal representatives or the Public Prosecutor’s Office may also request access.
• In the case of persons with disabilities, these rights may also be exercised by those appointed to provide support functions.

However, the reality is more complex because many of these platforms are not based in Spain or the European Union, but in countries with very different jurisdictions and regulations. Therefore, access to the deceased’s data will depend on the legal framework applicable to the platform itself.

As for social media profiles, heirs may leave them as they are, without accessing, deleting or posting on them. In this way, they will remain inactive and, on some platforms, may eventually be deleted after a period of inactivity.

On most social media platforms, there is a “Help” section with a subsection dedicated to deleting the account of a deceased person. It is common for them to request proof of identity of both the applicant and the deceased, as well as completion of a form with personal details and a copy of the death certificate.

How can you plan an inheritance to avoid issues with digital assets and passwords?

As we have seen, it is clear that digitalisation is advancing much faster than legislation. To avoid access issues relating to digital assets such as email accounts, cryptocurrencies or social media profiles, several measures can be taken:

• Include access passwords in the will itself.
• Provide clear instructions in the will regarding which digital assets the testator owns and what should be done with them (close or maintain them).
• Appoint a person to access and manage these assets in accordance with the testator’s instructions. This person may be referred to as a digital executor and will be responsible for managing the deceased’s digital assets and accounts after their death. It is a form of executor, but specifically focused on digital matters.

In conclusion, the existence of digital assets within an inheritance should be anticipated by the testator to avoid problems for heirs. It is advisable to create a digital will that includes: a detailed inventory of all digital assets, instructions for each asset, and the appointment of a digital executor.

If you need assistance with a digital inheritance, contact our team of specialist inheritance lawyers so that we can assess your case and provide advice.