Who inherits crypto without a will?

When someone passes away without a will, the applicable inheritance law determines who inherits, and the authority and documentation route for settling the estate can also differ. For crypto, the safe preserve, locate and identify sequence remains largely the same. This page explains what can differ legally and procedurally.

First: confirm that there is no will

Before assuming intestacy, search properly: papers at home, the lawyer or notary the person used, bank and employer records, and digital documents. There is no universal central register of wills; ask a local estate lawyer how to verify whether a will exists in the relevant jurisdiction. A will that is found later can change everything, and acting before it is found is the classic error.

Who inherits when there is no will

If there is no valid will, who is entitled and authorised in the specific estate, and which law applies, must be established for that estate. This website does not determine that; have it confirmed by the professional handling the estate, based on the current official information for the jurisdiction concerned. For a cross-border estate, the applicable law may first have to be established; within the EU, the European Succession Regulation plays a role.

What changes without a will

• No named executor. Depending on the jurisdiction, the estate is handled by a legally recognised person or persons: an executor, administrator, personal representative, the heirs themselves, or a court-appointed representative.
• Authority is confirmed by the local document or procedure, not by being the closest relative. Possession of a device or a sheet of words is still not authority.
• Documents differ. Instead of probate of a will, you may need letters of administration, a certificate of inheritance or the local equivalent.
• Timelines stretch. Appointment processes take time (often weeks or months). So do not move crypto carelessly, but do not assume every crypto position stays still either: DeFi, staking and other active positions can change while you wait. That is why preservation matters more, not less.

What does not change

• Crypto that legally belonged to the deceased may be part of the estate and should be inventoried and settled as such.
• The search still follows evidence: how to find someone’s crypto after they passed away.
• Preservation still comes first: the preservation checklist.
• The first-steps order still applies: first steps after a death.
• The law and any valid estate-planning documents determine who is entitled and within which framework. Do not assume that an informal agreement is enough to change the legal or tax settlement. If those involved want to deviate from a standard division or allocate specific crypto to one person, check which agreements and formalities are required in the relevant jurisdiction: dividing crypto between heirs.

Practical order

1. Search for a will first.
2. Preserve everything exactly as found.
3. Confirm who is legally authorised to act for the estate, under the local procedure.
4. Consult the institution’s public or official procedure and document requirements when needed. Do not log in to the deceased person’s accounts, and only ask for access, transfer or other actions on behalf of the estate once it has been established who is authorised to do so.

The authority step is where most intestate estates go wrong, and it is covered properly in legal authority vs technical access.

Rules and deadlines can change, and this page may not yet reflect the latest position, have the current rules confirmed by a local lawyer, notary or tax adviser before acting. Spotted something that no longer matches? Contact us and we will correct it.