When Bitcoin Is Buried With the Deceased: How to Inherit Digital Assets

Inheritance used to be a matter of land, jewelry and bank accounts. Today, our estate consists of lines of code, virtual wallets and an archive of an entire life stored on Silicon Valley servers. The income-generating assets of tomorrow are no longer only physical real estate, but digital assets such as Instagram accounts with millions of followers that become a one-person business, virtual wallets and more. In a world where the law on access to digital content has already taken effect, we spoke with attorney Meirav Aharon to understand how to avoid leaving heirs facing a locked screen, an empty pocket and deep frustration.

Attorney Meirav Aharon, let’s begin with a provocative question, could an influencer’s Instagram account be worth more than her apartment in the center of Tel Aviv? And how do you even assess the value of something like that in a will?

"Absolutely yes, and we are no longer talking about theory. An account with millions of followers is an income-generating asset in every respect, sometimes far more than physical real estate. Legally, under the inheritance regulations, we distinguish between types of assets. If it is a digital financial asset such as crypto, the value is determined on the date of death. But when it comes to 'other' assets, such as a digital brand or online reputation, the value is determined on the date of realization or distribution. The challenge is that there is no standard appraisal here, sometimes we need to use methods of 'expected earnings' to understand how much the digital empire the deceased left behind is worth."

Companies like Apple and Google now offer a "legacy contact." After I set one, will I still need a lawyer?

"That is a common mistake. It is true that in July 2025 the law on access to digital content was enacted, creating a clear hierarchy, because first you check what the user defined on the platform itself. But, and this is a big but, technical settings are limited. They provide access, but they do not always regulate ownership or distribution among heirs. Without a will to support it, heirs may find themselves in a battle with the rigid policies of the tech giants, which sometimes operate under foreign law or privacy interests that clash with the family’s wishes."

And speaking of privacy, what happens when the family wants access to photos in the cloud, but the deceased may have had secrets he hoped to take to the grave?

"This is one of the most fascinating conflicts. In Israel, the new law requires platforms to set policies, but it also respects the wishes of the deceased. If a person left no instructions, we enter a gray area. Unlike physical assets, in personal information Israel does not broadly recognize a 'dead person's privacy,' but platforms are very strict. Therefore, if you did not explicitly write in your will who is allowed to see your iCloud, you may sentence your family photos to eternal deletion, or, conversely, expose unwanted information."

Let’s talk about the big money, crypto. How do you inherit Bitcoin without the password becoming public the moment the will is submitted for probate?

"That is indeed a tremendous danger. A will is a document that is exposed to many eyes after death. Anyone who writes the private key in the will is simply inviting a digital robbery. The right way is a combination: in the will, you state the inheritance and identify the heir, but the keys themselves are deposited in a 'cold wallet,' such as a hardware device or even physical paper, hidden in a safe or with a trustee. In the will, you only provide the 'map' or instructions on how to reach that secure location."

And what happens if someone left me coins, but the key went to the grave with him? Is there someone to call?

"The answer is short and painful: no. In crypto there is no 'I forgot my password' and no bank manager you can present with a probate order. If the key is lost, the asset is lost de facto. Blockchain technology is decentralized, and the 2024 law on access to digital content cannot help here either, because it applies to service providers. In self-managed wallets, the deceased was his own bank. If he did not leave the key, that money simply disappears from the world."

So it seems a "standard will" from the past is no longer enough in 2026.

"Absolutely not. A will that ignores the digital world is a partial will at best, and useless at worst. It leaves heirs facing digital steel doors. Today, a will must include a detailed technological appendix that addresses everything, from financial assets to memories in the cloud. If you do not update your will for the digital age, you are leaving your heirs heartbreak instead of an inheritance."

Aharon & Co. , family law, mediation and notary firm on the zap Mishpati website, to the website of Aharon & Co., law and notary firm. "A will is a document that is exposed to many eyes after death." Attorney Meirav Aharon / private photo

Attorney Meirav Aharon specializes in family law, digital inheritance, real estate and torts, and is active as a social advocate for advancing women’s rights and legislation.

*The information in this article is general only and does not constitute a substitute for professional legal advice