Organize the transfer of digital assets in the event of inheritance

Summary

1. General introduction to the transfer of digital assets through inheritance
2. Legal issues and challenges related to digital inheritance
3. Types of digital assets to be transferred (cryptocurrencies, NFTs, online accounts, etc.)
4. Administrative procedures and their complexity in digital inheritance
5. Technical solutions to ensure secure and efficient inheritance
6. The role of professionals: notaries, lawyers, specialized platforms
7. Strategies to anticipate and organize the transfer of digital assets
8. Prospects and innovations for digital inheritance in 2025
9. FAQs on the transfer of digital assets through inheritance

General introduction to the transfer of digital assets through inheritance

Digital assets are now playing a growing role in the wealth creation of individuals and investors. According to estimates, the universe of cryptocurrencies, NFTs, and other dematerialized assets will represent a total value exceeding several billion euros in France in 2025. Given this development, managing the transfer of these assets upon death is becoming a key concern for heirs and traditional inheritances. The problem lies in the very nature of these assets: intangible, often decentralized, and subject to regulations that are still being adapted. Unlike traditional tangible or financial assets, their transfer requires a specific organization, combining legal, technical, and tax advice. The major challenge is securing access to portfolios while respecting personal data protection and applicable legislation.

The legal issues and challenges related to digital inheritance

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 accountsDigital assets include a wide range of intangible assets, the value and nature of which can vary considerably. By 2025, the majority of individuals will own cryptocurrencies, such as Bitcoin or Ether, as well as NFTs, trading platform accounts, and logins linked to online services.
• Here are the main categories of digital assets to consider when transferring assets:

Cryptocurrencies:

Held in private wallets or via centralized platforms, their management requires private keys and recovery phrases.

NFTs (Non-Fungible Tokens):

Digital works, images, videos, or other dematerialized assets that can be monetized or simply collected.

1. Online accounts: Accounts on social media, streaming platforms, cloud services, or instant messaging.
2. Personal data and digital documents: Contracts, certificates, and attestations, which also have property or emotional value. Types of Digital Assets
3. Examples Points of Attention
4. Cryptocurrencies Bitcoin, Ethereum, Ripple

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