I've spent years helping high-net-worth individuals and international families with tax planning and wealth management. But when clients started asking about their crypto holdings, I noticed something troubling: almost none of them had a plan for what happens to their digital assets when they're gone.
This isn't just about taxes. It's about making sure the wealth you've built doesn't vanish into the blockchain forever.
The Problem Nobody Talks About
Here's a reality that keeps me up at night: billions of dollars in cryptocurrency are permanently lost because owners died without leaving access instructions.
I recently spoke with an estate attorney who worked on a case where a family lost access to tens of millions of dollars in crypto. The deceased had the private keys memorized. He never wrote them down. He never told anyone. When he passed unexpectedly, that wealth — which could have supported his children and grandchildren — became permanently inaccessible.
Gone. Forever. On a blockchain that will exist for centuries, holding wealth that can never be touched.
This is the unique challenge of digital assets: your heirs don't just need to know the assets exist — they need the technical keys to access them.
Why Traditional Estate Planning Falls Short
If you own stocks, bonds, or real estate, the transfer process is straightforward. Your executor contacts the brokerage or files paperwork with the county. There are institutions, records, and legal processes designed to transfer ownership.
Crypto is different.
Traditional Asset | Crypto Asset |
|---|---|
Held by institutions with records | May be self-custodied with no third-party records |
Accessible with death certificate and court order | Requires private keys — no exceptions |
Can be traced through tax returns, bank statements | May not appear on any traditional documents |
Executor can petition for access | If keys are lost, assets are lost forever |
A will that says "I leave my Bitcoin to my daughter" is meaningless if your daughter can't access the wallet.
The 2025 Estate Tax Reality
Before diving into solutions, let's address the tax landscape.
The federal estate tax exemption for 2025 is $13.99 million per individual ($27.98 million for married couples). But here's the critical deadline: this exemption is scheduled to drop to approximately $7 million on January 1, 2026 when the Tax Cuts and Jobs Act sunsets.
If your crypto holdings have appreciated significantly — and many early investors are sitting on massive gains — you could face a 40% federal estate tax on amounts above the exemption.
This creates urgency for two reasons:
Planning now while exemptions are high could save your family millions
Gifting strategies using current high exemptions may not be available next year
Step 1: Create a Digital Asset Inventory
Your family can't inherit what they don't know exists.
Create a comprehensive list that includes:
Information | Why It Matters |
|---|---|
Types of crypto owned | Bitcoin, Ethereum, altcoins, NFTs, etc. |
Approximate values | For estate planning and tax purposes |
Where assets are held | Exchange accounts, hardware wallets, software wallets |
Wallet addresses | Public keys for identification |
How to access | Private keys, seed phrases, passwords |
Important: Don't store private keys in your will. Wills become public documents during probate. Instead, reference that the information exists and where to find it.
Step 2: Solve the Access Problem
This is where crypto estate planning gets technical — and where most people fail.
Option A: Custodial Exchange (Simplest)
Keep crypto on a major exchange like Coinbase, Kraken, or Fidelity.
Pros:
Exchange has processes for deceased account holders
Death certificate and legal documents can unlock access
No technical knowledge required by heirs
Cons:
Not your keys, not your coins (counterparty risk)
Exchange could freeze assets during disputes
Some crypto purists consider this unacceptable
Option B: Hardware Wallet + Letter of Instruction (Most Common)
Store crypto in a hardware wallet (Ledger, Trezor) with detailed written instructions.
What to document:
Location of hardware wallet device
PIN to unlock the device
24-word seed phrase (stored separately for security)
Step-by-step instructions for a non-technical heir
Storage options for sensitive information:
Safe deposit box
Home safe (fireproof)
Split between locations (e.g., PIN in one place, seed phrase in another)
Crypto inheritance services
Option C: Multi-Signature Setup (Most Secure)
A multi-sig wallet requires multiple private keys to authorize transactions. For example, a 2-of-3 setup means any two of three designated keyholders can access the funds.
Example setup:
Key 1: You hold
Key 2: Spouse holds
Key 3: Estate attorney holds
If you pass away, your spouse and attorney can access funds together. No single person can steal the assets.
Step 3: Choose the Right Legal Structure
Revocable Living Trust (Recommended for Most)
A revocable trust allows you to:
Avoid probate (faster, private transfer)
Maintain control during your lifetime
Specify exactly how crypto should be distributed
Name successor trustees who understand digital assets
Critical language to include:
"I hereby transfer to the Trustee any and all cryptocurrency investments, digital tokens, NFTs, and anything found in or on my cryptocurrency wallets, whether held digitally, on hardware devices, or through online exchanges."
Without explicit digital asset language, your trustee may lack legal authority to access or manage your crypto.
Will + Pour-Over Provision
If you don't want a trust, your will should:
Reference digital assets specifically
Grant your executor authority over digital property
Include a pour-over provision to capture assets not explicitly listed
Beneficiary Designations
Some exchanges allow direct beneficiary designations. Under RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act), adopted by most states:
Exchange beneficiary designation takes priority
Trust/will instructions come second
State default rules apply if nothing else exists
Check your exchange settings. A beneficiary designation on Coinbase could override instructions in your will.
Step 4: Pick the Right Fiduciary
This is where I see families make costly mistakes.
Your executor or trustee needs to either:
Understand cryptocurrency personally, OR
Be willing to hire specialists
I've seen cases where institutional trustees refused to accept responsibility for crypto assets because they lacked expertise. The family had to go to court to appoint a special trustee — months of delays and thousands in legal fees.
Questions to ask your potential fiduciary:
Have you managed digital assets before?
Are you comfortable with hardware wallets and seed phrases?
What's your plan if you need to liquidate crypto quickly?
If your trustee is your 75-year-old aunt who's never used a smartphone, you need a backup plan.
Step 5: Consider the Tax Advantages
Here's the good news: inherited crypto gets a step-up in cost basis.
Scenario | Tax Treatment |
|---|---|
You bought BTC at $5,000 | Your cost basis = $5,000 |
BTC is worth $100,000 when you die | Heir's cost basis = $100,000 |
Heir sells for $100,000 | $0 capital gains tax |
If you had sold that Bitcoin during your lifetime, you'd owe capital gains tax on $95,000 of profit. By holding until death, that gain disappears.
This makes holding appreciated crypto until death a legitimate tax strategy — but only if your heirs can actually access it.
Gifting During Your Lifetime
You can gift up to $19,000 per person per year (2025) without using your lifetime exemption. For larger gifts:
Transfer crypto to an irrevocable trust to remove it from your estate
Use an LLC structure for easier valuation and transfer
Consider gifting now while the $13.99M exemption is still available
Warning: Unlike inherited assets, gifts retain your original cost basis. Your heir inherits your tax liability.
The Crypto ETF Alternative
Since spot Bitcoin and Ethereum ETFs launched in 2024, there's now a simpler option: hold crypto exposure through ETFs like IBIT (iShares Bitcoin Trust) or FETH (Fidelity Ethereum Fund).
Benefits:
Held in traditional brokerage accounts
No private keys to manage
Standard beneficiary designation process
Easier for non-technical heirs
Tradeoff:
Not direct ownership
Counterparty risk
May conflict with "be your own bank" philosophy
For clients who prioritize simplicity over self-custody, this solves most estate planning complications.
Why I Care About This
Most financial advice for crypto holders stops at "buy low, sell high." That's not financial planning — that's speculation.
True wealth planning means integrating your digital assets into your complete financial picture: tax optimization, asset protection, estate transfer, and family security. It means treating crypto like the real wealth it has become, not like a lottery ticket.
I started focusing on digital asset planning because I saw a gap. Crypto holders were getting trading tips from Twitter and tax advice from Reddit. What they weren't getting was serious, professional guidance on how to protect and transfer the wealth they'd built.
Your Bitcoin isn't just an investment. For many families, it's generational wealth. It deserves to be planned for accordingly.
Action Steps: Your Crypto Estate Planning Checklist
[ ] Create a digital asset inventory (what you own, where it's held)
[ ] Document access information (private keys, seed phrases, PINs)
[ ] Store sensitive information securely (not in your will)
[ ] Update your estate plan with digital asset language
[ ] Verify your executor/trustee can handle crypto
[ ] Check beneficiary designations on exchanges
[ ] Consider the 2025 exemption sunset — act before it drops
[ ] Review and update annually as holdings change
The Bottom Line
Your crypto won't transfer itself. Without a plan, your family could lose access to everything you've built — not because of theft or fraud, but simply because they don't have the keys.
The technology that makes crypto secure is the same technology that makes it unforgiving. There's no "forgot password" link. No customer service to call. No court order that can unlock a wallet without the private key.
Plan now. Document everything. Make sure your wealth survives you.
This article is for informational purposes only and does not constitute tax, legal, or financial advice. Estate planning involves complex considerations unique to your situation. Consult qualified professionals for advice specific to your circumstances.
By Ran Chen, EA, CFP®
