What happens to your crypto if you die without a plan?

If no one can access your crypto, it may disappear when you die. Estate planning for crypto requires both legal authority and access instructions.

Cryptocurrency is a unique asset that can be challenging to plan for as part of your estate. Unlike your house, your bank accounts, or even your business, crypto doesn’t come with a built-in safety net.

If you pass away without giving anyone access to your private keys or login credentials, your crypto may not pass to your family at all. In many cases, it simply disappears—no court order, probate judge, or executor can recover it. This happens more often than you might think; millions of dollars in crypto have already been lost forever because no one planned for what would happen next.

If you live in Georgia and own crypto, here’s what you need to know to pass on all of your assets after you’re gone.

If you’re still figuring out how crypto fits into your overall estate plan, download the free Beginner’s Guide to Estate Planning.  

What makes crypto different from other assets?

Traditional assets leave a paper trail. Banks, brokerage firms, and county records all create documentation that allows courts and fiduciaries to identify, freeze, and ultimately transfer assets through probate or a trust.

But crypto doesn’t work that way. Ownership isn’t tied to your name and social security number; it’s tied to access. If your family doesn’t have the private key or login credentials, that asset is effectively impossible to recover, no matter what your will says.

One infamous example happened in 2018, when the CEO of the QuadrigaCX exchange died suddenly and without sharing access credentials. Even courts and forensic experts couldn’t retrieve the funds, and millions of dollars were lost. 

What happens to crypto when someone dies?

Probate courts can’t unlock a crypto wallet. Even a properly appointed executor or trustee may have no practical way to access crypto assets if the necessary information isn’t available to them. While judges can order banks to release funds, they can’t compel a blockchain to recognize a new owner.

What this means if you own crypto:

• Crypto held in self-custody wallets may be permanently lost
• Families may not even know the asset exists, or how to access it
• Significant value can evaporate overnight despite a “complete” estate plan

How crypto can end up lost under Georgia unclaimed property law

Even when cryptocurrency isn’t permanently lost due to missing access keys, there’s another risk many Georgia residents don’t realize exists: unclaimed property laws. Georgia’s unclaimed property rules are designed to capture assets that appear abandoned after long periods of inactivity. While the law hasn’t fully caught up to crypto yet, states are paying closer attention as digital assets become more common.

If an exchange, platform, or intermediary loses contact with the account owner, and no estate plan clearly directs access or transfer, your crypto could eventually be flagged as unclaimed property. Your family might face additional hurdles or lose access to that asset entirely.

Can you put crypto in a will or trust?

I hear this question a lot in my practice, and the short answer is: yes, but neither will resolve crypto access issues. The right choice for you depends on what you’re trying to accomplish. 

Here’s a high-level comparison:

Pros and cons of including crypto in a will

Pros:

• Easy to do
• Works well for identifying the asset and beneficiaries

Cons:

• Does not solve access problems
• Probate delays may complicate time-sensitive decisions like sale
• Wills are public record, which can expose sensitive details

Pros and cons of including crypto in a trust

Pros:

• Avoids probate delays
• Allows a successor trustee to act immediately
• Better suited for ongoing management or minor beneficiaries

Cons:

• Still requires separate access instructions
• Requires coordination between legal documents and real-world logistics

Should you put crypto keys in your will?

Trusts are a good way to avoid Georgia probate court. They allow a successor trustee to step in and direct digital assets immediately, but you still need a clear plan for access.

Some people try to sidestep these issues by putting private keys or passwords directly into their will, but that creates new problems. Wills become public records during probate, so including access to sensitive information can expose your crypto to theft or misuse at exactly the wrong time.

The best approach is to provide your beneficiaries access without making that information public, which is where many estate plans fall short.

How to leave clear instructions your family can use

A solid estate plan for cryptocurrency should look something like this:

• Identify which digital assets you own in a letter of instruction
• Name the right people to manage or distribute them in a will or trust
• Create separate, secure instructions for access
• Coordinate those instructions with your trust or estate documents, including an updated Power of Attorney

The goal is to clarify who should inherit your crypto, while making sure your family isn’t locked out when it matters most. While Georgia recognizes fiduciary access to digital assets in principle, that only helps if your plan clearly authorizes it and the information needed to act actually exists.

Letter of instruction

While it should never replace a will or trust, simple written instructions can be a powerful complement. Many families use a letter of instruction or similar document alongside their estate plan to clearly explain what type of cryptocurrency they own, where they purchased it, how much they purchased, where it’s stored, and how to access it.

Power of Attorney

You should also make sure your Power of Attorney documents are updated to explicitly allow your trustee or executor access to all of your financial affairs, including digital assets and crypto accounts. Again, be sure to provide the storage device and private key (or username/password) so your agent and beneficiaries can access it. 

Don’t let your digital assets disappear

Crypto is only valuable if someone knows it exists and can access it. If you pass away but your spouse doesn’t know where assets are stored, or if your executor isn’t sure what questions to ask, your family may never benefit from an asset you intended to leave them. 

If you own digital assets and haven’t made a clear plan for them yet, now is the time to address it. 

Download the free Beginner’s Guide to Estate Planning to start putting a plan together, or book a discovery call to ask questions about how crypto should fit into your overall plan.