Digital inheritance: what happens to accounts, crypto, air miles and profiles after death

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Twenty years ago, a family’s wealth fitted in a folder: the property deed, a bank statement, the car document. Today, much of what a person accumulates exists only on servers — a crypto wallet, balances at digital banks, air miles, a monetised channel, a valuable domain, an entire library of photos.

When that person dies, the family faces a new problem: where is all of it and how do we access it? This article organises the subject using the test that actually works — the nature of the asset — and shows how to avoid the permanent loss of wealth that exists but nobody can find.

There is no specific statute — and why that is not the main problem

Brazil does not yet have a single comprehensive digital-inheritance regime. The Civil Code’s succession and personality rules and the Internet Civil Framework apply. In Technical Note 3/2023, the ANPD states that the LGPD does not directly apply to deceased persons’ data, although living persons’ data involved may remain protected.

Transferable economic rights must be distinguished from licences and personal content. Economic value alone does not make every account transferable. In REsp 2.124.424, the STJ accepted an incident linked to probate, with technical support, to identify and classify digital assets without improperly exposing the privacy of the deceased and third parties. Access and proving existence remain operational challenges.

What enters probate (digital wealth)

• Crypto and digital assets in wallets or exchanges — they have economic value and must be declared and distributed.
• Balances in digital accounts and wallets (digital banks, payment providers, marketplaces).
• Internet domains, especially those underpinning a business.
• Monetised channels, profiles and pages, where they generate revenue and constitute economic activity.
• Copyright in works, courses, software, photos and texts, and the revenue arising from them.
• Miles and points, according to each programme’s rules — check the origin of the points, transferability and the validity of restrictions.
• In-game and platform assets, where they have market value and the platform allows transfer.

What is strictly personal (and follows a different logic)

Private messages, e-mails, intimate photos and conversations engage privacy — of the deceased and of those who communicated with them. They do not transfer like ordinary property. Here the platform’s terms of use govern and, in disputes, the courts.

For an initial estimate of traditional probate costs, the São Paulo probate calculator separates estimated tax, notarial fees and registry fees.

Many platforms already offer their own mechanisms: a legacy contact or profile memorialisation, an inactive account manager with instructions set by the account holder, or deletion upon proof of death. The correct reading is this: when the holder configures this during their lifetime, can reduce later difficulties and disputes.

Crypto: where carelessness erases the asset

Crypto is the harshest example. If the assets sit with an exchange, there is a path: prove the death, enrol the estate and transfer to the heirs per the distribution. Laborious, but feasible.

In self-custody, assets may remain inaccessible without the private key, seed phrase or another valid recovery mechanism. Multisignature and preconfigured recovery arrangements require technical assessment. A court can order cooperation from someone holding information, but cannot create a lost cryptographic key.

In plain terms: with crypto, planning is not sophistication — it is the difference between the asset existing for your family or not.

How to organise this (without handing your passwords to anyone)

• Digital asset inventory: a list of what exists and where it is — without passwords — updated periodically.
• A password vault with emergency access configured, or sealed instructions held by someone you trust.
• A will to allocate digital assets of economic value and, where desired, give directions on personal content.
• Platform settings: legacy contact, inactive account manager, beneficiaries.
• Crypto: a specific, secure plan for the seed phrase (split custody, physical safe, professional guidance).
• Digital businesses: define who takes over the domain, accounts and operations, so revenue does not stop.

One important caution: never write passwords in the will. A will may become accessible in the proceedings; credentials should sit in a separate, secure instrument, merely referenced.

A hypothetical example: two scenarios, same situation

Imagine a business owner who held crypto and operated a subscription-based digital business, then died without instructions. The family would know the assets existed but lack access to the wallet and business dashboards. Exchange-held funds might be dealt with through succession procedures; self-custody assets could remain inaccessible without keys or valid recovery.

In the alternative scenario, the owner would have an asset list, secure key custody with access instructions and a will arranging rights in the business. This could support continuity and reduce losses without bypassing custodian and succession procedures. The example is hypothetical: it guarantees neither recovery within weeks nor freedom from revenue loss.

Digital inheritance checklist

• List where your digital assets are (without passwords in the same list).
• Configure a legacy contact and inactive account manager on the main platforms.
• Define a secure plan for crypto keys.
• Check the rules of miles and points programmes.
• Treat digital businesses as a company: succession of domain, accounts and operations.
• Review the plan annually — digital changes faster than the rest of your wealth.

Frequently asked questions

Does crypto enter probate?

Yes. Crypto assets with economic value form part of the estate and should be identified, declared and distributed. At an exchange, the estate must establish its authority and follow the custodian’s procedures. In self-custody, assets may be inaccessible without keys or a valid recovery mechanism. A court order cannot create a lost cryptographic key; secure planning is essential.

Can my heirs access my e-mail and social media?

Not automatically. Private messages and content involve the privacy of the deceased and third parties. Platforms have their own mechanisms, such as legacy contacts, memorialisation or inactivity management. Economic rights in a monetised profile must be distinguished from access to messages. Lifetime instructions help, but disputes may require a court decision protecting privacy.

Can air miles be inherited?

It depends on the programme, the origin of the points and the validity of its terms. Check required documents and any cancellation-on-death clause. The STJ accepted such a clause in a free loyalty programme; that does not settle every programme or purchased points. A significant balance merits specific estate-planning review.

Is there a digital inheritance law in Brazil?

There is no single comprehensive digital-inheritance statute. The Civil Code’s succession and personality rules and the Internet Civil Framework apply. According to the ANPD, the LGPD does not directly protect the deceased’s data, but may apply to living persons’ data involved. In REsp 2.124.424, the STJ accepted an incident linked to probate, with technical support to identify and classify digital assets while protecting privacy.

How do I organise my digital assets for my family?

Keep an updated list of assets and locations, without passwords in the same document. Configure secure emergency access and available legacy options. For crypto, plan custody and test recovery with technical advice. A will can allocate transferable economic rights within succession-law limits; do not include passwords or keys because the document may be accessible in the proceedings.

Digital inheritance is a problem of access

Digital inheritance is, above all, a problem of access. Succession rules guide transferability analysis, alongside contracts and privacy; what the law cannot do is remind your family where the keys are. At Falchet e Marques Sociedade de Advogados, a São Paulo firm on Avenida Paulista, we combine Succession and Digital Law to map digital assets and include them securely in your planning.

Talk to our team on WhatsApp: +55 11 95901-1854 — hold crypto, run a digital business, or want this organised for your family? Tell us the scenario so we can map the best route.