Inheritance & emergency plan: so your bitcoin isn’t lost
How your family can reach your bitcoin if the worst happens: an emergency letter without the seed phrase, separate storage, and German law and tax in brief.
In short~46 sec
- 01Legally, your relatives also inherit your bitcoin. With self-custody, though, they can only get at it if they know it exists and find the backup.
- 02An emergency letter says which wallets and accounts exist, where the documents are and who can help – it never contains the seed phrase, passphrase or PINs.
- 03The seed phrase doesn’t belong in your will: in Germany, the probate court opens it and notifies the parties involved in writing of the parts that concern them.
- 04Depending on the amount, this ranges from backup plus letter to multisig or a timelock. What matters is that your family can operate the system.
- 05Tax in Germany: personal allowances, notification to the tax office generally within three months, and the holding period doesn’t start again (as of September 2026). Not tax advice.
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Bitcoin in self-custody isn’t listed in any bank register, and no customer service will send your heirs a new password. If nobody knows about your bitcoin or nobody can reach the backup, they are lost. An emergency plan prevents that without weakening your security today. It isn’t an easy subject, but it’s very manageable – we’ll show you step by step what belongs in the plan.
Legally clear, practically difficult
On death, the entire estate passes to the heirs.[1] According to Germany’s Federal Court of Justice (Bundesgerichtshof), the contract for an online account passes to them too, just as letters and diaries are inherited (a 2018 ruling on a social network account).[2] With an exchangeTermExchange (crypto exchange)A trading platform where buyers and sellers trade bitcoin with each other via an order book.On the learning path: Stage 4 · Step 2 – Choosing a provider →In the glossary →AdLicensed providers with a paid linkProviders from our comparisonKrakenExchange · MiCA (Central Bank of Ireland)Visit Kraken (paid link, opens in a new window)No paid link for your countryNo partnership · Profile →BitvavoExchange · MiCA (AFM, Netherlands)Visit Bitvavo (paid link, opens in a new window)No paid link for your countryNo partnership · Profile →CoinbaseExchange · MiCA (CSSF, Luxembourg)Visit Coinbase (paid link, opens in a new window)No paid link for your countryNo partnership · Profile →BISONExchange · MiCA (BaFin, Germany)Visit BISON (paid link, opens in a new window)No paid link for your countryNo partnership · Profile →BitpandaExchange · MiCA (FMA, Austria)Visit Bitpanda (paid link, opens in a new window)No paid link for your countryNo partnership · Profile →All 7 compared – including non-partners →*Paid link: if you sign up or buy through it, we earn a commission. Your price stays the same. How we make money →18+ · Crypto assets are highly volatile; you could lose all your money. No deposit protection., your heirs therefore generally step into your shoes and prove their status, for example with a certificate of inheritance (Erbschein).[3]
With self-custodyGlossarySelf-custodyYou hold the private keys to your bitcoin yourself – in your own wallet rather than with a provider. Nobody can freeze your bitcoin. But nobody can help you if you lose your seed phrase and keys.On the learning path: Stage 5 · Step 1 – Understanding custody →In the glossary →, on the other hand, there is nobody your heirs could claim anything from. If the private key and seed phraseGlossarySeed phrase (recovery phrase)A sequence of usually 12 or 24 words from which your wallet derives all its private keys. Anyone who knows the words has full access to your bitcoin – so they belong in an offline backup and never in anyone else’s hands.On the learning path: Stage 5 · Step 3 – Backing up your seed phrase →In the glossary → are gone, nobody can get at the bitcoin any more[4] – not even with a certificate of inheritance.
A good plan therefore solves two opposing problems:
- Too little information: nobody knows about the bitcoin or finds the backup. The funds are lost.
- Too much information in the wrong place: the backup is lying around or written in a document many people read. The funds can be stolen, even during your lifetime.
The emergency letter: what goes in – and what doesn’t
The letter to your relatives says that there are bitcoin, where the documents are and how to proceed – but not the secrets themselves. The Bitcoin Design Guide recommends the same: all the recovery steps, but without the seed phrase and passphrase, so that a letter someone finds isn’t enough to steal the funds.[5] For digital estates in general, Germany’s consumer advice centre (Verbraucherzentrale) recommends an overview of online accounts including login details.[6] That doesn’t apply to the seed phrase: anyone who reads it has full access immediately.
| Belongs in the letter | Does not belong in the letter |
|---|---|
| That you own bitcoin, and roughly how much | Seed phrase, not even partially |
| Exchanges and apps with customer number | Passwords, PINs, 2FA codes |
| Which wallets exist: software, hardware model, single-sig or multisigGlossaryMultisig (multi-signature)A wallet in which several keys jointly control the bitcoin – for example 2 of 3. If one key is lost or stolen, the bitcoin stays safe. In return, setting it up and backing it up is considerably more demanding.In the glossary → | The passphraseGlossaryPassphrase (the ‘25th word’)An extra word of your choice added to your seed phrase. The same words then produce a completely different wallet. This protects you if someone finds your words – but if you forget the passphrase, access is lost for good.On the learning path: Stage 5 · Step 3 – Backing up your seed phrase →In the glossary → |
| Whether there is a passphrase; where the backups and passphrase are (location, not content) | Photos or copies of the backups |
| Address type and derivation pathGlossaryDerivation pathThe route a wallet follows to calculate individual keys from your seed phrase, for example m/84'/0'/0'. If another wallet uses a different path when you restore, it looks empty – even though nothing has been lost.In the glossary →; for multisig, where the wallet configuration is kept | Addresses with exact balances |
| Who can help technically, where purchase receipts are, a warning about scammers |
Write it so that someone with no knowledge of Bitcoin can follow it. Add a printed recovery guide, for example from Testing recovery.
Storage: separate knowledge and access
Today, no single place and no single person should have sole access – but if the worst happens, the right people should be able to put everything together.
Why the seed phrase doesn’t belong in your will
In Germany, after a death the probate court (Nachlassgericht) opens the will and notifies the parties involved in writing of the parts that concern them.[7] A seed phrase would pass through several hands. So in your will, only say where the emergency letter is.
Who knows what?
| Who or what | Knows | Doesn’t know |
|---|---|---|
| Emergency letter (e.g. in your personal affairs folder) | that bitcoin exist, where the parts are, who can help | seed phrase, passphrase |
| Place A (e.g. safe at home) | seed phrase (metal backup) | passphrase |
| Place B (e.g. trusted person, sealed) | passphrase | seed phrase |
| Technical trusted person | how to restore | seed phrase and passphrase |
That way, neither a burglar nor a trusted person has sole access; if the worst happens, the letter leads to all the parts.
For digital estates, the Verbraucherzentrale also recommends a power of attorney for a trusted person that expressly remains valid after death.[6] It can help with accounts at providers. Whether a provider accepts it and how to word it is best clarified with a notary or a specialist lawyer.
For the seed phrase at place A, a metal backupGlossaryMetal backupA backup of your seed phrase on steel or titanium – punched, engraved or made with letter tiles. Unlike paper, it survives fire and water. Independent tests show that simple stainless steel plates are robust and often the cheapest.On the learning path: Stage 5 · Step 3 – Backing up your seed phrase →In the glossary → is a good choice. It stands up to fire and water far better than paper. More in Backing up your seed phrase.
Three models for succession
| Model | How it works | Strengths | Weaknesses |
|---|---|---|---|
| Simple: backup + letter | Seed phrase well secured, the letter names the place | easy to implement, few sources of error | Anyone who finds the backup has full access |
| Split: seed phrase + passphrase | Both parts in separate places, the letter names both | a backup found on its own isn’t enough | If one part is lost, everything is lost |
| Several keys: multisig or timelock | e.g. 2 of 3 keys held by you, an heir and a trusted person; or an inheritance key that only becomes valid after a set period | robust against loss and theft | demanding to set up and to explain |
For the third model there are specialised services. With NunchukProvider · Software walletNunchukMultisig wallet for smartphone and desktop – no subscription if you do it yourself, subscriptions for assisted multisig and inheritance.Non-custodial software – no financial licence required · reviewed Sept 2026Price: Basic version $0; subscriptions $120 to $2,100 a year (as of Sept 2026)On the learning path: Stage 5 · Step 2 – Setting up your first wallet →Our profile →Official website ↗, for example, an inheritance plan with a timelockGlossaryTimelockA condition under which bitcoin may only be spent from a certain block height or point in time, or after a waiting period. Timelocks are a building block for Lightning and for inheritance and emergency setups.In the glossary → stays dormant until a date you choose; according to the provider, it holds only one key and can’t move the funds on its own (as of September 2026).[8] The basics: Multisig simply explained.
A sophisticated system that nobody can operate after your death is worse than a simple one that works. Walk through the process once with the person who will help later – without showing them the secrets.
Tax in brief (Germany)
Not tax advice; as of September 2026. In detail: Gifting & inheriting Bitcoin.
- Inheritance tax: personal allowances apply, for example €500,000 for spouses and €400,000 for children.[9] Acquisitions from the same person within ten years are added together.[10] What counts is generally the euro value on the date of death.[11],[12]
- Notification: heirs must report the acquisition to the tax office (Finanzamt) within three months of learning of it. This is waived only in narrow cases, for example with a will opened by a German court or notary – and even then not if the estate includes, say, real estate, business assets or assets abroad.[13]
- Holding period: heirs take over your purchase date; the one-year holding periodGlossaryHolding period (speculation period)In Germany, the gain from selling privately held bitcoin is tax-free if more than one year passes between purchase and sale (§ 23 EStG, as of September 2026). Each purchase has its own holding period.On the learning path: Stage 6 · Step 3 – Bitcoin & tax →In the glossary → doesn’t start again.[14] To prove this, they need your purchase receipts. Whether this changes is tracked in our reform tracker.
Once a year: review the plan
New wallet, a move, a trusted person who can no longer be reached – the plan goes out of date. Once a year, take half an hour, for example on your birthday: read the letter, check the places, update the date. While you’re at it, go through the big security checklist.
Your emergency plan – everything covered?
0/8 doneFrequently asked questions
Can I write my seed phrase in my will?
We strongly advise against it. In Germany, the probate court opens the will and notifies the parties involved in writing of the parts that concern them – the seed phrase would pass through several hands. In your will, only refer to your emergency letter.
Is it enough if my partner knows my hardware wallet’s PIN?
No. The PIN only opens the device. If it’s broken or has wiped itself after wrong entries, the seed phrase is needed – plus the passphrase, if there is one. Your relatives need to know where the backup is and who will help them with recovery.
What happens to bitcoin on an exchange when I die?
Under German law, your customer account generally passes to your heirs. They prove to the provider that they are the heirs, for example with a certificate of inheritance. So the provider’s name and your customer number belong in the emergency letter; passwords don’t.
Do I need a notary for a Bitcoin emergency plan?
Not for the emergency letter. For a will, powers of attorney and larger estates, advice from a notary or a specialist inheritance lawyer makes sense. This article is no substitute for legal or tax advice.
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Sources14 sources · 5 publishers
The superscript numbers in the text refer to these sources.
- § 1922 BGB – Gesamtrechtsnachfolge – German Federal Ministry of Justice / gesetze-im-internet.de (accessed 28/09/2026)
- Bundesgerichtshof zur Vererblichkeit eines Benutzerkontos bei einem sozialen Netzwerk (III ZR 183/17) – Bundesgerichtshof (German Federal Court of Justice), 12.07.2018 (accessed 28/09/2026)
- § 2353 BGB – Zuständigkeit des Nachlassgerichts, Antrag (Erbschein) – German Federal Ministry of Justice / gesetze-im-internet.de (accessed 28/09/2026)
- Bitcoin: Vom alternativen Zahlungsmittel zum Spekulationsobjekt – Verbraucherzentrale (German consumer advice centre), 26.01.2026 (accessed 28/09/2026)
- Backups – Bitcoin Design Guide (accessed 28/09/2026)
- Digitale Vorsorge: Digitaler Nachlass – was passiert mit meinen Daten? – Verbraucherzentrale (German consumer advice centre), 03.11.2025 (accessed 28/09/2026)
- § 348 FamFG – Eröffnung von Verfügungen von Todes wegen durch das Nachlassgericht – German Federal Ministry of Justice / gesetze-im-internet.de (accessed 28/09/2026)
- Bitcoin inheritance – Nunchuk (accessed 28/09/2026)
- § 16 ErbStG – Freibeträge – German Federal Ministry of Justice / gesetze-im-internet.de (accessed 28/09/2026)
- § 14 ErbStG – Berücksichtigung früherer Erwerbe – German Federal Ministry of Justice / gesetze-im-internet.de (accessed 28/09/2026)
- § 9 ErbStG – Entstehung der Steuer – German Federal Ministry of Justice / gesetze-im-internet.de (accessed 28/09/2026)
- § 11 ErbStG – Bewertungsstichtag – German Federal Ministry of Justice / gesetze-im-internet.de (accessed 28/09/2026)
- § 30 ErbStG – Anzeige des Erwerbs – German Federal Ministry of Justice / gesetze-im-internet.de (accessed 28/09/2026)
- § 23 EStG – Private Veräußerungsgeschäfte – German Federal Ministry of Justice / gesetze-im-internet.de (accessed 28/09/2026)
This article is for education only and is not investment, tax or legal advice.