In this guide
Legal and tax
Legal authority vs technical access
The framework that decides everything after a crypto death: legal authority and technical access are separate, and you need something from both columns.
After a crypto death, two separate questions decide everything: who may act (legal authority) and who can reach the assets (technical access). They are not the same, and neither one creates the other. This framework applies to every step that follows, so it is worth understanding before anything is touched.
Four separate questions
- Does cryptocurrency exist?, evidence, not assumption.
- What is it?, exchange account or self-custody; which wallet, which network.
- Can it be reached?, keys, phrases, passwords, devices, official procedures.
- May anyone use it?, will, succession law, executor, court documents.
The four combinations
- Legal authority without technical access, the common estate case: heirs are entitled to the assets, but the wallet cannot be opened without the credentials. This is not a contradiction; it is the usual starting point.
- Technical access without legal authority, someone holds the keys but has no right to use them. Possession is not ownership, and using the keys in this situation has no legal basis.
- Legal authority and technical access, the estate can now proceed.
- Neither legal authority nor technical access, nothing can happen yet; identify and preserve, then establish authority.
Why the distinction matters
- A court order does not create a seed phrase; a seed phrase does not transfer ownership.
- Exchanges act on official documents (death certificate, probate or equivalent), not on passwords.
- Anyone who offers to “unlock” assets without asking about authority is not working within a lawful framework.
What each column requires
Legal authority comes from the will, succession law and the documents that prove representation, probate, letters of administration, a certificate of inheritance or the local equivalent. It is established with a notary, probate registry or estate lawyer, never by possession of a device.
Technical access comes from the components that exist, devices, PINs, seed phrases, passphrases, passwords, wallet files, and the correct software. It can only be documented and preserved; it cannot be created by any legal process.
Authority rules differ by jurisdiction, the local estate lawyer or notary is the source. The principle does not.
Who to look for in your area
Legal authority is established through the local legal system. Search for a notary or an estate lawyer in your area who handles inheritance matters, and ask directly what documents they need from you. This website explains the process; it cannot establish authority for you.
Next steps. The practical paths from here are first steps after a death, the executor’s guide to a crypto estate, and why a wallet balance proves nothing.