The Fate of Digital Estates: Inheriting Cryptocurrencies, Social Media Profiles, and Online Subscriptions

The inheritance provisions of the Hungarian Civil Code (Polgári Törvénykönyv, hereinafter: Ptk.), set out in Book Seven, were originally modelled on a world of traditional assets — real property, movable goods, bank accounts, and claims. With the rapid advance of digitalisation, however, an ever-growing share of a decedent’s estate consists of assets that exist exclusively in digital form: cryptocurrencies, NFTs, social media accounts, cloud-stored content, and online subscriptions. The legal classification of these assets, the mechanism of their transfer upon death, and the practical accessibility for heirs represent one of the most pressing doctrinal challenges in contemporary Hungarian succession law.

The Concept of a Digital Estate and the General Rule of Succession

Under Section 7:1 of the Ptk., upon the death of the decedent, his or her estate passes to the heir as a whole. The estate encompasses every right and obligation of pecuniary value that is not inherently personal in nature [Section 7:1(1) Ptk.]. The question, therefore, is not whether digital assets are in principle inheritable, but rather what legal classification each type of digital asset carries, and how succession can be accomplished in practice.

Cryptocurrencies and NFTs: Pecuniary Rights on the Blockchain

Cryptocurrencies (Bitcoin, Ethereum, etc.) and non-fungible tokens (NFTs) qualify as rights of pecuniary value (vagyoni értékű jog) under the Hungarian legal system [cf. Section 8:1(1)(5) Ptk.]. They possess market value, participate in economic circulation, and form part of the decedent’s estate — and as such, they fall within the scope of the inheritance.

The obstacle to succession in practice is therefore not a question of legal title but of technical access. Access to crypto-assets is secured by a private key, without which dispositive control over the assets stored on the blockchain is effectively impossible to exercise. Owing to the decentralised architecture of blockchain technology, there is no central authority capable of transferring ownership on the basis of a court order — the assets can only be moved by whoever holds the private key.

If the decedent failed to record the private key in an accessible form (for example, in a digital vault, in a sealed envelope deposited with a notary, or in a password manager), the heirs will be unable to access the crypto-assets in practice, even though those assets legally form part of the estate. In such cases, this portion of the estate becomes de facto unrealisable.

Practical recommendation: Current notarial practice in Hungary already expressly recommends preparing a digital asset inventory and storing private keys in a secure yet heir-accessible manner — for instance, in a notarial deposit or a law firm’s safe, accompanied by a succession clause.

Social Media Profiles: The Digital Imprint of Personality

The legal treatment of social media accounts (Facebook, Instagram, LinkedIn, TikTok, etc.) differs from that of pecuniary digital assets. The user agreement (Terms of Service) underlying these accounts is typically personal in nature, and accordingly, pursuant to Section 7:1(1) of the Ptk., it does not pass to the heir ex lege.

The complexity arises from the fact that such profiles simultaneously carry:

• personality right elements (the deceased’s likeness, private correspondence, self-expression), and
• pecuniary components (in the case of influencer accounts: the follower base, sponsorship contracts, advertising revenue).

By 2026, service providers have introduced digital legacy functions: users may designate during their lifetime whether, upon their death, their account should be deleted, memorialised, or made accessible to a designated person. If the decedent made no such designation, the heirs are, as a general rule, denied access to the account. This also follows from the constitutional principle of the inviolability of correspondence and private communications [Article VI(2), Fundamental Law of Hungary].

Important: Where the deceased’s account holds significant pecuniary value (e.g. a monetised YouTube channel), the heirs may assert their financial claims vis-à-vis the service provider and, if necessary, through litigation — not seeking access to the account itself, but rather the right to the revenue derived from it.

Online Subscriptions and Cloud Services

The legal fate of digital subscriptions and cloud services (streaming platforms, e-book libraries, online storage) depends on the terms of the service agreement. The vast majority of platforms define the contract as a personal legal relationship, meaning that the contract terminates upon the user’s death.

The 2026 European Union digital consumer protection directives have, however, brought progress: platform providers may not categorically refuse heirs’ access to irreplaceable personal content uploaded by the deceased user (family photographs, videos, documents). The provision of access is, however, subject to stringent identification procedures: the heir must demonstrate his or her legal status (certificate of succession, inheritance order), and the platform is also obliged to consider the protection of the deceased’s privacy.

In the case of purchased digital content (e-books, films, music), a distinction must be drawn between acquisition of ownership and a mere licence to use. Most platforms grant not ownership but a personal, non-transferable right of use, which is not inheritable upon death.

Practical Steps and Recommendations

The following summarises the steps that both testators and heirs can take to prepare for the management of a digital estate:

1. Prepare a digital asset inventory: List all crypto-assets, access credentials (private keys, passwords, two-factor authentication keys), and valuable online accounts.
2. Notarial deposit or law firm safe: Store private keys and critical passwords securely, accompanied by a succession clause.
3. Activate digital legacy functions: Configure the post-death account management options offered by Facebook, Google, Apple, and other service providers.
4. Express testamentary provision: Expressly identify digital assets in the will and designate the person entitled to access them.
5. Engage specialists: In the case of crypto-assets of significant value, the joint involvement of IT and legal experts is recommended for the development of an asset transfer plan.

Conclusion

The management of digital estates is one of the most dynamically evolving areas of Hungarian succession law in 2026. The legislative framework is gradually adapting to technological reality, yet judicial practice and service provider policies still leave numerous questions open. The most effective safeguard is the testator’s conscious preparation: compiling a digital asset inventory, storing access credentials in a secure yet accessible manner, and expressly identifying digital assets in testamentary dispositions will ensure that digital property is not lost from the estate.

If you have questions regarding the succession treatment of your digital assets, please contact our office for professional advice.