Digital assets such as cryptocurrency and online accounts are easily lost after death without planning. Here’s what families and family businesses need to know about probate in the digital age.
A new layer of complexity in probate
Probate has always been about dealing with the assets of the deceased; houses, farms, investments, and superannuation. But in 2025, estates are no longer confined to bricks, mortar, and bank accounts. Today, many families and family businesses hold wealth in digital form: cryptocurrency and digital wallets, online trading accounts, cloud-based business systems, even intellectual property stored on servers scattered across the world.
The statistics highlight the scale of this shift. Cryptocurrency alone recorded more than $27 trillion in transactions last year, with stablecoin use climbing almost 30 per cent. Executors are increasingly finding that unless these assets are properly recorded and accessible, they risk being overlooked or lost entirely.
What makes digital assets different?
Unlike a house title or share certificate, digital assets are often invisible. They may sit behind two-factor authentication, encrypted wallets, or platforms hosted overseas. Families might know that their relative ‘had some crypto’ or ‘used an online broker’, but without logins, private keys, or an organised record, executors can be left powerless.
For family businesses, the stakes are even higher. A domain name linked to a trading business, or a client database stored in the cloud, may be just as valuable as physical stock or equipment. If access is lost because the founder’s passwords die with them, the business itself can grind to a halt.
Why this matters for families
The risks go far beyond inconvenience. If cryptocurrency is locked in a digital wallet without instructions, it may simply vanish from the estate’s balance sheet, depriving beneficiaries of what could be a substantial inheritance. Where businesses rely on digital infrastructure, families may face disruption at a time when stability is most needed. In some cases, suspicions that assets are ‘missing’ have sparked disputes among beneficiaries, dragging out probate and eroding trust.
Executors also have legal obligations. They must account for every estate asset. If they fail to identify digital holdings, they can be exposed to liability, even if the omission was unintentional.
Planning for the digital age
The best safeguard is foresight. Just as people once kept important papers in a filing cabinet, today it is essential to keep a secure and up-to-date record of digital wealth. This does not mean writing down private keys on a scrap of paper but rather integrating instructions into your estate plan in a way that balances security with accessibility.
We work with families and business owners to ensure Wills and estate documents explicitly deal with digital assets. We encourage clients to think about where their accounts are held, how access can be authorised, and what role trusted advisers may play in assisting executors. By combining legal directions with sensible digital practices, families can avoid the risk of assets slipping through the cracks.
Do you need assistance with integrating digital assets into your estate plan? Call us on 1300 654 590 or email us to get started.
How we support executors
Our role is not only to help plan but also to step in when executors are confronted with the challenge of digital wealth. We can assist in tracing cryptocurrency transactions, liaising with international platforms, and working alongside IT experts to recover and secure accounts. For family businesses, we provide guidance on preserving operational systems from websites to intellectual property, so that the enterprise can continue without disruption.
Final word
Digital assets are no longer on the margins of wealth; they are woven into everyday family and business life. But without proper planning, they are also the assets most at risk of disappearing.
For those with cryptocurrency, online trading accounts, or digitally dependent businesses, the message is clear: probate in the digital age requires new thinking and proactive preparation. Call us on 1300 654 590 or email us to safeguard your digital legacy.
