You can leave crypto to your kids, but it takes a different kind of planning than a house or a brokerage account. In my view, the core issue is access: if nobody can reach the keys, the coins can exist and still be out of reach. This article separates what I could verify from my own suggestions.
The Core Problem: No “Forgot Password” Button
With a bank account, an institution exists to handle an executor’s request. If your crypto sits in a self-custodied wallet, my understanding is that there is no equivalent institution to step in, and whoever holds the matching private key controls the coins. That is my reading of how self-custody works, so the practical lesson is simple: no key, no access, whatever a will says.
A Real Case: Stefan Thomas
Stefan Thomas, a former Ripple CTO, was reported to hold 7,002 bitcoin on an IronKey drive. The password was on a piece of paper he lost. The IronKey allows 10 incorrect attempts before its contents are permanently encrypted, and as of that report he had used 8 (TechSpot). I use this only to show that a security feature can also block recovery. It’s about a living owner, not an estate.

What Not to Do: Put the Private Key in Your Will
In my view, you should not write a private key or seed phrase into your will. My reasoning is that a will may be filed with a court, and I wouldn’t want a key sitting in a document others might see.
My suggestion is a separate letter of instruction, stored securely and apart from the will, saying where assets are held and how your executor can reach them.
Ways to Give Heirs Access
- Multi-signature or collaborative custody: setups that require more than one party to authorize a transaction, so no single person is a point of failure.
- A secured inventory: a list of which exchanges or wallets hold what, kept separate from the will, without the keys themselves.
- A regulated custodian: for larger holdings, some people choose this instead of self-custody, trading some control for an institution with its own recovery process.
These are options I’d consider combining so that one lost device or forgotten password doesn’t sink the whole plan. That’s my suggestion, not a tested result.
Backing Up a Seed Phrase
A hardware wallet keeps keys offline, but the device can be lost or destroyed, so the backup of its seed phrase matters as much as the device. In my view:
- Paper is the simplest backup and can burn, get wet or fade, so I wouldn’t rely on it alone for a large holding.
- Metal plates are meant to survive fire and water better than paper.
- Complete copies in separate places protect against one local disaster.
- Don’t split one phrase in half. My reasoning is that losing either half then makes the whole phrase unrecoverable, so you’ve added a point of failure.
- Shamir-style sharing (such as the SLIP-39 standard) splits a seed into several shares where a set number can rebuild it. If you use it, read your wallet maker’s own instructions.
The Legal Mechanism: RUFADAA
The Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) is a model law from the Uniform Law Commission. Under the model act, an executor generally gets a log of the deceased person’s communications and other digital assets, but access to the content of electronic communications requires that the user consented or that a court directs it. If you give no direction, the provider’s terms of service apply. Direction given through a provider’s online tool comes first, then direction in a will, trust or power of attorney (RUFADAA text with ULC comments).
In my view, that’s a reason to have your own documents say what authority your fiduciary has over digital assets.
The Tax Rules
Under IRS Publication 551, property inherited from a decedent generally has a basis equal to its fair market value at the date of death (or the alternate valuation date, if the estate elects it). There’s an exception for appreciated property you or your spouse gave the decedent within a year before death (IRS Pub. 551).
An assumed example: you bought bitcoin for $500 and it is worth $80,000 at the date of death. The heir’s basis would be $80,000 instead of $500, so $79,500 of appreciation would not be taxed if the heir sold at that value. If you sold it yourself before dying, you’d have a gain on the difference. Prices and tax treatment vary, and this is only an illustration.
For deaths in 2026, the federal estate tax basic exclusion amount is $15,000,000, up from $13,990,000 for 2025 (KPMG on Rev. Proc. 2025-32). State taxes are separate: Creative Planning, page updated June 5, 2026 lists 12 states plus D.C. with a state estate tax, with 2026 exemptions as low as $1 million in Oregon and $2 million in Massachusetts, and five states with an inheritance tax (Kentucky, Maryland, Nebraska, New Jersey and Pennsylvania), where rates generally depend on the heir’s relationship to the person who died. If you live in one of those states, a plan built only around the federal $15,000,000 figure can miss a state tax.
Two Risks Inside the Plan Itself
- Storing a seed phrase in a notes app or cloud folder adds a risk, because anyone who gets into that account gets the keys.
- A written inventory that names large holdings could, in my view, become a target if it falls into the wrong hands, so I’d keep it secured.
A Practical Checklist
- Mention your crypto in general terms in your estate documents, without keys or account numbers.
- Put explicit digital-asset authority for your executor or trustee in your will or trust.
- Keep a separate, secured letter of instruction and update it when your holdings or storage change.
- Consider multi-signature or collaborative custody for larger holdings.
- Have a plan for how your heirs will actually reach each wallet and exchange account.
Questions About Leaving Crypto to Your Kids
Is a living trust better than a will? A trust can avoid some court filings, in my understanding, but whether it fits you depends on your situation, so I’m not recommending one.
Exchange versus self-custody? An exchange account has a company holding it, so there is someone to contact. A self-custodied wallet has no equivalent, which is why the steps above matter most there.
Is this overkill for a small holding? In my view, the same access problem applies at any size, though the effort you put in can scale with the amount.
For what happens after the keys are found, see Inherited Crypto Cost Basis: Date-of-Death Value Explained and Inherited Crypto No One Can Access: How the Estate Is Valued and What Executors Can Do.
The One-Line Version
The risk isn’t the asset, it’s the missing paperwork and access plan: general mention in your documents, explicit digital-asset authority, a secured letter of instruction, and a custody setup your heirs can actually use.
Sources
- TechSpot: Stefan Thomas and the IronKey
- Uniform Law Commission: RUFADAA text with comments
- IRS Publication 551: Basis of Assets
- KPMG: Rev. Proc. 2025-32 inflation adjustments for 2026
This article offers general information and my own opinions, not financial, tax, or legal advice. The figures in worked examples are assumed. Laws, tax rules, and products change and can differ by location, so check current official sources and talk to a qualified professional about your own situation.
