As our lives become increasingly digital, so do our estates. From email accounts and social media profiles to cryptocurrency wallets and cloud storage, digital assets are now a significant part of a person’s legacy. Yet, when someone dies without a will, known as dying intestate, the future of those digital assets can be complex, uncertain, and often overlooked.
Defining Digital Assets
Digital assets refer to any content, account or record that exists online or in a digital format. This includes:
- Personal photos, videos, and documents stored in the cloud
- Email and social media accounts
- Online banking, PayPal and investment accounts
- Digital currencies like Bitcoin
- Online gaming and loyalty points accounts
- Subscriptions and digital libraries (e.g. Kindle, Netflix, Spotify)
Unlike traditional assets, digital ones often come with access barriers and complicated ownership rights. The legal landscape is still catching up with the fast pace of digital innovation, leaving many executors and administrators unsure of their responsibilities when no will is in place.
The Intestacy Complication
When a person dies intestate, their estate is distributed according to the statutory rules set out in the Administration of Estates Act 1925. These rules are straightforward when it comes to physical and financial assets but offer no clear guidance on digital property. This creates a number of issues for those trying to administer the estate.
Firstly, identifying and accessing digital assets is inherently difficult. There may be no physical paperwork or trail to follow, and without passwords or legal authorisation, next of kin may find themselves locked out of valuable or sentimental accounts. Companies like Google, Apple and Facebook have their own policies for dealing with deceased users, but these vary widely and often require court orders or lengthy verification processes.
Secondly, ownership can be ambiguous. In many cases, accounts are held under licence agreements rather than true ownership — meaning that digital content may not be transferrable upon death. This is especially true for things like iTunes libraries or e-books.
The Role of Administrators and Probate Researchers
In intestacy cases, the estate is usually managed by an appointed administrator, typically the next of kin. This person is responsible for identifying all assets (including digital), valuing the estate, settling debts, and distributing the remainder according to the rules of intestacy.
Without guidance left by the deceased, tracing digital assets becomes part investigative work, part legal navigation. This is where probate researchers, such as Finders International, offer vital support. By helping to identify and locate digital assets, and working with institutions to gain lawful access, probate researchers can recover lost value and preserve items of emotional significance for the family.
How Finders International Can Help
We provide specialist services to support solicitors and estate administrators managing intestate estates, including those involving digital assets. Our team can:
- Assist in tracing forgotten or hidden digital accounts
- Identify cryptocurrency holdings and online investments
- Work with digital providers to gain access to accounts legally
- Provide valuations for probate and HMRC reporting
- Help executors meet their legal duties under UK intestacy law
Digital assets may be intangible, but their impact on estate administration is very real.