Organize the transfer of digital assets in the event of inheritance

Summary

1. General introduction to the transfer of digital assets in succession
2. The legal issues and challenges linked to digital succession
3. The types of digital assets to be transmitted (cryptocurrencies, NFTs, online accounts, etc.)
4. Administrative procedures and their complexity in digital transmission
5. Technical solutions to guarantee secure and efficient transmission
6. The role of professionals: notaries, lawyers, specialized platforms
7. Strategies for anticipating and organizing the transmission of digital assets
8. Perspectives and innovations for digital succession in 2025
9. FAQs on passing digital assets into inheritance

General introduction to the transfer of digital assets in succession

Digital assets now occupy a growing place in the wealth creation of individuals and investors. According to estimates, the universe of cryptocurrencies, NFTs and other dematerialized goods represents a total value exceeding several billion euros in France in 2025. Faced with this development, the management of the transmission of these assets upon death becomes an essential concern for heirs and traditional successions.

The problem lies in the very nature of these goods: intangible, often decentralized and subject to regulations still in the adaptation phase. Unlike traditional material or financial assets, their transmission requires a specific organization, combining legal, technical and tax advice. The major challenge is to secure access to wallets, while respecting the protection of personal data and current legislation.

The legal issues and challenges linked to digital succession 

In 2025, the regulations surrounding digital inheritance are still evolving. According to this analyst from Notaires de France, while French law recognizes the asset value of digital assets, it does not yet provide a specific framework for their transfer. This represents a gray area creating considerable challenges for legal professionals and heirs.

The main legal issues can be summarized in several key points:

• Legal recognition of digital property: the 2016 law laid the groundwork, but its implementation remains imperfect.
• Respect for the privacy and confidentiality of the deceased’s personal data, particularly with regard to access to passwords or private keys.
• The difficulty of assessing the economic value of these assets, which fluctuate rapidly, as this wealth tax expert points out. Increased volatility can lead to significant inheritance tax if their value drops at the time of death. Another major challenge concerns the identification and location of assets: there is currently no centralized inventory like the Banque de France’s for a traditional bank account. Consequently, it is up to each heir and the exercise of inheritance due diligence to know precisely where these digital assets are stored and how to access them. The responsibility therefore lies with both holders and professionals to plan ahead.Types of digital assets to be transferred: cryptocurrencies, NFTs, online accounts
• Digital assets include a wide range of intangible assets, which may vary significantly in value or nature. In 2025, the majority of individuals will own cryptocurrencies, such as Bitcoin or Ether, but also NFTs, accounts on trading platforms or even identifiers linked to online services.

Here are the main categories of digital assets to take into account during transmission:

Cryptocurrencies:

held on private wallets or via centralized platforms, their management requires private keys and recovery phrases.

NFTs (Non-Fungible Tokens):

1. digital works, images, videos, or other dematerialized goods that can be monetized or simply collected. Online accounts:
2. accounts on social networks, streaming platforms, cloud services or instant messaging. Personal data and digital documents:
3. contracts, attestations, certificates, which also have a heritage or emotional value. Type of digital assets
4. Examples Points of vigilance

drafting a digital will

, to indicate passwords, private keys, recovery phrases in a safe place.

• Include this documentation in the will or in a separate file entrusted to a trusted notary, particularly when creating a Digital Inheritance Certificate. Inform your loved ones or potential heirs using tools such as transmettre.com or other specialized platforms.To simplify these procedures, the notarial profession also recommends the use of official documents to prove ownership, such as the digital estate planner. Digitizing these processes promotes a smoother transfer, in compliance with new regulations.
• Technical solutions for secure and efficient transfer 🔒 In an often decentralized world, the security and transfer of digital assets also depend on innovative technical solutions. In 2025, several startups are offering services that align with this approach to address the urgent need to secure this digital legacy.Here are some key methods and tools:
• Secure key storage: Legapass allows you to securely store private keys, passwords, and recovery phrases. Storage is encrypted and tamper-proof. Automatic sending systems:

Sead has designed an offline platform capable of automatically sending instructions or access after a scheduled period of inactivity. Decentralized inheritance platforms:Managers such as

Investment Malin

offer solutions to anticipate inheritance without the risk of forgetting or losing it.

These innovations demonstrate that the early management of digital inheritance must combine enhanced security and ease of use for heirs. Mastering these tools is becoming essential to avoid the permanent loss of assets, as a digital inheritance expert points out.

• The role of professionals: notaries, lawyers, specialized platforms 📜 The legal and technical complexity of digital inheritance requires the intervention of seasoned professionals. French notaries play a key role by offering tailored services and supporting families in drafting estate plans to include in their digital legacy.
• Specialized lawyers like these experts provide precise insight into legislation, taxation, and the drafting of notarial deeds. Their support ensures legal compliance, particularly through the creation of a digital inheritance certificate, a document attesting to asset ownership. Furthermore, platforms such as Transmettre.com or Succession Plus offer digital tools to facilitate inheritance. They provide turnkey solutions, integrating strategies for securing, storing, and securely sending access keys or instructions.
• Strategies for anticipating and organizing the transfer of digital assets 🔍 In 2025, good planning relies on rigorous anticipation and the implementation of appropriate strategies. Here are the essential recommendations: Draft a clear will, explicitly mentioning each digital asset and its access. Use a secure document format to list all identifiers and private keys.

Use specialized services such as notary services 2.0 to manage post-mortem transfer without risk of loss or theft. Regularly update the documentation based on changes in the portfolio and the platforms used.Inform your heirs or a trusted professional of the existence of these assets, their precise location, and access conditions.

These strategies must be part of a comprehensive wealth planning approach, also integrating taxation and asset valuation. La Planète Héritage now advocates a proactive approach to securing this digital heritage, particularly through the integration of cryptoassets into estate planning.

Outlook and Innovations for Digital Estate Planning in 2025 🚀

Future estate management will inevitably be geared toward digitalization. According to observed trends, several major innovations are shaping the digital estate landscape: The creation of certified “digital safes” to securely store keys, contracts, and instructions. The development of blockchain solutions offering traceability and automatic transmission upon death, combined with smart contracts.

The widespread adoption of platforms integrating artificial intelligence to automate and secure the transfer of rights. More precise regulations, particularly through the Pacte Law and the tax component, promoting better protection for heirs. A surge in international initiatives to harmonize the transfer of digital assets on a European and global scale. These developments herald a future where every step of digital inheritance will be simplified, with more automated and secure management. In 2025, France will position itself as a key player in adapting its rules to these new challenges, in collaboration with global players. FAQ: Frequently asked questions about the transfer of digital assets 💬 How can I ensure the transfer of my cryptocurrencies to my heirs?

It is recommended to precisely document the private keys, passwords, and platforms used, and then include this information in a will or a secure digital safe.

Are there specific regulations in France for digital inheritance?

• French law recognizes the patrimonial value of these assets, but remains vague regarding their transfer. Case law is evolving, and it is advisable to consult professionals to plan for inheritance.
• What are the risks if I don’t plan my digital inheritance? The main risk is the irretrievable loss of these assets, due to lack of access or recovery of credentials, or an inaccurate valuation that could generate higher taxes. What innovative solutions are available to secure my digital connections and access?
• Startups offer secure safes or automatic message sending systems, such as Legapass or Sead, to anticipate any eventuality. Source: www.bfmtv.com