In this guide
Legal and tax
Legal authority vs technical access
After a crypto death, two questions matter: who is legally authorised to act, and how the crypto can technically be reached. Authority and access are separate.
After a crypto death, two separate questions are central: 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: the crypto may form part of the estate while technical access is missing. Who may administer it or carry out transactions is determined separately by the will, the applicable succession law and the relevant powers. 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; whether and how the keys may be used must be established separately as a legal matter.
- Legal authority and technical access, the estate can now proceed.
- Neither legal authority nor technical access: do not yet carry out any access, transfer or other disposal actions. Identify and preserve what was found, then establish who is authorised for further actions.
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.
- A provider that wants to actually carry out access work or move assets without checking that the person commissioning it is entitled or authorised to do so is a serious warning sign. The verification and documentation required depend on the assignment, the jurisdiction and the specific situation.
What each column requires
Who is authorised? This website does not determine who may act on behalf of an estate. If in doubt, have an appropriate legal professional assess which authority and documents are needed in your situation. Authority rules differ by jurisdiction; possession of a device or keys is not proof of authority.
How is technical access arranged? For self-custody assets, it depends on the available keys, recovery material, devices, wallet configuration and software. For custodial accounts, the provider typically offers its own official access or transfer procedure after verifying the authorised person. Legal authority by itself cannot reconstruct a missing private key or seed phrase.
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 visible wallet balance does not prove access or ownership.