As more aspects of our lives are dealt with online, questions around digital probate are becoming increasingly common. What happens to our online bank accounts, digital photos, email inboxes, or even cryptocurrency when we die?
At Chiltern Wills LLP, we specialise in probate services across England and Wales, and we’re seeing a growing number of estates where digital assets are central—but often overlooked. This blog explains what digital probate is, why it matters, and how families can avoid complications when administering a loved one’s estate.
What Is Digital Probate?
This refers to the legal process of administering a deceased person’s digital assets—anything stored online or electronically. In the UK, this typically falls under the broader umbrella of probate and estate administration, but digital assets come with unique challenges.
Common digital assets include:
- Online-only bank accounts or PayPal balances
- Cryptocurrency like Bitcoin or Ethereum
- Cloud-stored photos, videos, and emails
- Online businesses (eBay, Etsy, Amazon) or monetised YouTube channels
- Intellectual property such as e-books or apps
- Social media and email accounts
Digital probate is about ensuring these assets are located, valued, legally accessed, and passed on to the correct beneficiaries.
Why Digital Probate is so challenging
Unlike physical property, digital assets often lack paperwork, making them easy to miss. Even when families are aware of them, they may face legal and technical hurdles:
- 🔐 Password protection: Executors often don’t have the necessary login details.
- ⚖️ Jurisdiction issues: Many service providers are based abroad, such as in the US, where terms of service and privacy laws differ.
- 🧾 No clear legal framework: UK law hasn’t yet fully caught up with the digital world, leaving executors in uncertain territory.
- 🔍 Lack of awareness: Many wills don’t mention digital assets, so they may be forgotten altogether.
All of this can delay estate administration or result in assets being lost forever.
How to Prepare for Digital Probate
There are steps you can take now to make digital probate easier for your loved ones:
1. Create a Digital Asset Inventory
List all important digital accounts: banking apps, cryptocurrency wallets, social media, cloud storage, subscriptions, and digital investments. Include what they are, where they’re held, and why they matter.
Don’t list passwords in your will—use a secure password manager or leave details in a separate letter of wishes. Your executors should not be ‘logging in’ as you after your death, in any case. Instead, they need to contact the relevant organisations and follow their procedures for deceased customers.
2. Appoint a Digital Executor
Although the role of “digital executor” isn’t yet legally defined in England and Wales, naming someone to manage your online life can offer clear guidance to your executors.
Work with a professional to ensure your will includes your digital assets. Be specific about who should inherit them and what should happen to accounts like Facebook or your business website.
Digital Probate & The Role of a Will Writing Specialist
At Chiltern Wills LLP, we help clients throughout England and Wales plan ahead for digital probate—and support executors when digital assets are already part of the estate. Whether it’s recovering cryptocurrency, closing online accounts, or valuing a YouTube channel, we ensure no asset is missed and the estate is administered in full compliance with the law.
Final Thoughts
Digital probate is no longer just a modern curiosity—it’s becoming a routine part of estate administration work. Preparing for it now can save your family stress, time, and money later. Need help with digital probate or drafting a will that includes your online assets? Contact Rebecca D’Arcy at Chiltern Wills today for expert, personal advice tailored to the digital age.
