Digital Assets and Probate: What Executors Can't Access
"Most people assume that once probate is granted, executors can access everything the person owned. That simply isn't true with digital assets." That warning, from Stuart Downey, a partner at TWM Solicitors, cuts to the heart of a problem increasingly catching families off guard: a grant of probate gives you the legal authority to deal with someone's estate, but it doesn't hand you the password. If you're an executor, or you're thinking about who'll act as yours, digital assets are one of the areas most likely to catch you out.
Why a Grant of Probate Doesn't Open Every Account
Probate is a legal document confirming who has the authority to administer an estate — but access to a digital account is governed by that platform's own terms and conditions, not by inheritance law. Tech companies set their own rules for what happens to an account after someone dies, and those rules vary enormously between providers. Some require a death certificate and a grant of probate before they'll even discuss an account. Others, including Microsoft Outlook in certain circumstances, may require a court order specifically directed at them. The result, according to Downey, is that "families are often shocked to discover they cannot access photographs, messages or other deeply personal content" that they assumed would simply pass to them along with everything else in the estate.
The Financial Risk Hiding in Digital Accounts
This isn't only a problem of sentimental loss, though that matters too. Email accounts often contain critical financial information — records of pensions, investment platforms, and online-only bank accounts that an executor might never otherwise discover exist. If access to that email is blocked or delayed, tracking down the full picture of someone's estate becomes significantly harder, potentially leaving assets unclaimed. Dormant online accounts can also be permanently deleted after a period of inactivity under some providers' policies, meaning delay itself can cause information, or money, to be lost for good.
Why Cryptocurrency Is a Particular Risk for Executors
Cryptocurrency raises the stakes further. Unlike a bank account, where a bank can eventually be persuaded to release funds against a grant of probate, crypto assets held in a private wallet are only recoverable if the executor has the private keys or seed phrase. There is no customer service line to call and no institution to compel — if the access details die with the account holder, the asset is very often gone permanently. As digital-only investments become more common, this is a growing and largely avoidable source of lost inheritance.
What Some Platforms Already Allow — If You Plan Ahead
The good news is that some of the largest platforms have started building solutions into their settings. Apple and Meta both allow users to nominate a "legacy contact" in advance, giving that person defined rights to manage or close the account after death. Solicitors are increasingly recommending that clients go further still, appointing a separate "digital executor" alongside their main executor — someone comfortable navigating passwords, two-factor authentication, and account settings, who can work through the digital side of an estate while the main executor handles everything else.
How to Protect Your Own Digital Estate Now
The most useful step you can take is to create a private, secure record of your digital accounts and how they should be handled — separate from your will, which becomes a public document once probate is granted and should never contain passwords or seed phrases. This might include a list of key accounts, instructions on whether each should be closed, memorialised, or transferred, and secure guidance on how any cryptocurrency holdings can be accessed. Reviewing your will at the same time gives you the chance to formally name a digital executor if your circumstances warrant one.
What Should You Do Next?
Whether you're planning your own estate or already acting as an executor facing locked accounts, getting the right advice early makes a real difference. QualitySolicitors' first contact team can match you with a wills and probate solicitor who can help you put proper digital estate planning in place, or guide you through resolving access issues you're facing right now. Get in touch today for clear, practical support.