Your Will almost certainly doesn't mention your crypto. Here's exactly how to fix that, what language to use, what to leave out, and how to make sure your family can actually access what you leave behind.
Most people who hold crypto have one of two problems: either they have no Will at all, or they have a Will that predates their crypto holdings and says nothing about them. Both leave their family in a difficult position.
Adding crypto to your Will isn't complicated, but there are specific things to include, specific things to avoid, and a secondary document you'll need to make the whole thing work. This guide walks through the full process.
Your Will is a legal document that states who gets what when you pass away. It goes through probate, which means it eventually becomes part of the public record. That has a critical implication for crypto: never put your private keys, seed phrases, or passwords in your Will.
If your Will contains your 12-word seed phrase and the Will goes through probate, that information becomes publicly accessible. Anyone who reads the probate filing can drain your wallet. This happens, and it's a preventable catastrophe.
What your Will should contain, regarding crypto:
That's it. Clean, legal, and safe. The access information lives elsewhere.
Standard executor powers in most Wills were written before crypto existed. They typically cover managing bank accounts, selling real estate, filing tax returns, and distributing personal property. They often don't explicitly authorize an executor to access digital accounts, manage private keys, or interact with exchanges on the estate's behalf.
Your Will should include a digital assets clause that explicitly grants your executor the authority to:
Some states have enacted laws (based on the Revised Uniform Fiduciary Access to Digital Assets Act, or RUFADAA) that give executors authority over digital assets even without explicit Will language. But explicit language is cleaner and avoids ambiguity. Don't rely on the state to fill the gap.
The letter of instruction is where the actual access information lives. This is a private document, not filed with the court, that gives your executor the practical information they need to find and access your crypto assets.
Your letter of instruction should include:
Not all crypto is created equal for estate planning purposes. Think through each holding and how it should be handled.
Assets on exchanges go through a formal estate claim process. Your executor needs your email, death certificate, and probate documents. These transfers can take weeks to months. Make sure your Will and letter of instruction are clear about which exchange holds what.
Your executor or beneficiary needs the seed phrase to access these. Period. Your letter of instruction should tell them exactly where the seed phrase is stored. The seed phrase itself should be on metal (not paper) in a secure location. Learn more about the full picture for self-custody in our Bitcoin estate planning guide.
These are worth noting specifically in your letter of instruction. Staking positions may need to be unstaked before transfer. DeFi positions may need to be unwound. NFTs held in a wallet transfer when the wallet is accessed with the seed phrase. If your executor isn't crypto-savvy, consider naming a digital executor with technical knowledge alongside your primary executor.
Your crypto holdings change. New exchanges, new wallets, new positions. A letter of instruction that's two years out of date is better than nothing, but an outdated inventory creates confusion and risks missed assets.
A practical approach: review and update your letter of instruction every year, or anytime you make a significant change to your holdings or storage setup. Set a calendar reminder. It takes 30 minutes and protects everything you've built.
Your Will itself doesn't need to be updated every time your crypto balance changes, as long as the digital assets clause is written broadly enough to cover all present and future digital holdings. That's how DocSats drafts it: language that covers your current holdings and anything you acquire afterward.
If you have a Will that predates your crypto holdings (or predates 2020 generally), you have two options:
First, you can add a codicil: a separate legal amendment to your existing Will that adds the digital assets language. This keeps your original Will intact and adds the new provisions. A codicil needs to meet the same execution requirements as a Will: typically signed in front of two witnesses.
Second, you can create a new Will that supersedes the old one. This is often cleaner, especially if your situation has changed in other ways too. It avoids the complexity of having two documents that need to be read together.
Whatever you choose, the goal is the same: a current Will with explicit digital assets provisions, supported by a current letter of instruction. Our estate planning checklist covers every document that should be in place alongside your Will.
Wills that go through probate are public record. If the idea of your estate becoming a public document concerns you, there are two options. A trust keeps asset distribution private (see our trust vs. Will guide for when that makes sense). Or a cryptographic hash of your Will can be inscribed on a blockchain to prove the document's authenticity, without revealing its contents.
DocSats offers optional Bitcoin inscription for exactly this reason: tamper-evident authentication that doesn't require making your documents public. The hash proves the document existed and hasn't been altered, without exposing what's inside. Our privacy guide explains the full picture.
DocSats creates legally valid Wills with proper digital asset clauses for all 50 states. Encrypted in your browser, optionally inscribed on the Bitcoin blockchain. No attorney markup, no subscription.
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