[Direct answer]First, determine whether it belongs to the estate. According to Article 1122 of the Civil Code of the People's Republic of China, the estate is the personal legal property left by a natural person at the time of death, except for those that cannot be inherited according to law or their nature; Article 127 stipulates that where the law provides for the protection of data and online virtual property, it shall be in accordance with the provisions of the law. Accordingly, account balances, disposable digital assets, and virtual items with property value can, in principle, be inherited by the heirs according to law; however, whether game accounts, social media accounts, etc. can be inherited is subject to the restrictions of the platform's service agreements. It is recommended to sort out the list of digital assets in advance, keep the accounts and certificates, and clarify the ownership through a will.

1. Problem background and typical scenarios

Digital assets take various forms, including bank and payment account balances, money market funds, wealth management shares, assets in digital wallets, gaming equipment and skins, tradable virtual props, online stores and live-streaming accounts, membership rights and points, etc. Typical problems include: heirs not knowing what digital assets the deceased owned; platforms refusing to cooperate on the grounds of real-name registration or service agreements; lost account passwords and mnemonic phrases leading to inability to withdraw assets; and difficulty in assessing the value of digital assets. When handling inheritance cases, the Beijing district courts first determine the scope of the estate and then handle it in accordance with the evidence and agreements.

II. Key points of dispute

First, whether digital assets belong to inheritable personal legal property. Second, how to balance the conflict between the platform service agreement and the right of inheritance. Third, whether account-type assets are "usage rights" or "property rights" and whether they can be inherited. Fourth, how to evaluate the value and who bears the burden of proof. Fifth, the retrieval and transfer of private information such as passwords and mnemonic phrases. Sixth, how to divide digital assets that are difficult to physically divide among inheritors.

III. Professional analysis by Henglue Lawyers

In an inheritance dispute handled by Henglue Law Firm, the decedents, Zhang * and Liu *, were husband and wife and had four children. Zhang * died in 2017 and Liu * died in 2022, leaving behind a house in Xicheng District, Beijing and bank deposits. Zhang * had a notarized will before his death, while Liu * had a printed will. All parties disputed the validity of the wills and the scope of the estate. After accepting the client's commission, the lawyer proceeded to determine the type of will, review the formal requirements, and define the scope of the estate and the division ratio: arguing that Zhang *'s notarized will complied with legal provisions and was legally valid; Liu *'s printed will was a true expression of his intention and also complied with legal formalities. The court ultimately determined that both wills were valid, and the house was inherited by the four children according to the proportions specified in the will. The bank deposits and interest totaling 1,565,289.52 yuan in Liu *'s name were jointly inherited by the three children, each receiving one-third of the total. This case provides reference for the inheritance of digital assets: First, the form of the will directly determines its validity. A printed will must be witnessed by two or more witnesses, with the testator and witnesses signing each page and indicating the year, month, and day. Second, the determination of the scope of the estate relies on complete evidence, including account information and transaction records. Third, the retrieval of digital assets often requires making arrangements for transfer before death, such as inventory management and authorization for account disposal when necessary. This case was handled by Beijing Henglue Law Firm.Chen Mei'aoAttorney (Practice Certificate No.: 11101201911105336, subject to the certificate issued by the judicial administrative organ) acting as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, establish a digital asset inventory during your lifetime to record the platforms, accounts, asset types, and approximate values; Second, properly safeguard passwords, mnemonic phrases, and other retrieval information, and inform trusted individuals in a secure manner; Third, clarify the ownership of digital assets through a legal will, paying attention to the formal requirements of the will; Fourth, promptly fix account information and transaction records after the inheritance begins, and apply to the court for investigation if necessary; Fifth, if the platform refuses to cooperate, you can assert your rights in accordance with the service agreement and legal provisions. For more information on the platform's services, please refer to the official website.Inheritance of property and division of family assets、Financial capital and cross-border transactions involving foreign entities、Intellectual property protection and corporate law,Real estate transactions and construction projectsAndSpecial servicesLegal basis: Articles 127, 1122, 1123, 1127, 1133, 1136 of the Civil Code of the People's Republic of China (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the prerequisite for inheritance are that the assets have property attributes and are not excluded by law or nature. Secondly, the platform agreement may restrict account transfer, and it is necessary to distinguish between the inheritance of the account itself and the assets within the account. Thirdly, once private information (passwords, mnemonic phrases) is lost, the assets are often inaccessible. It is more effective to make arrangements during one's lifetime than to litigate after death. Fourthly, defects in the form of wills are a common cause of inheritance disputes, and it is essential to comply with legal requirements. Fifthly, for digital assets involving cross-border transactions, it is also necessary to consider the applicable law and enforcement issues, and it is advisable to consult a professional lawyer as soon as possible.

VI. Frequently Asked Questions

Q1: Can game accounts and equipment be inherited as part of an estate?

It should be distinguished that whether the account itself can be inherited is often subject to the restrictions of the platform's service agreement, but the equipment, props, and balances with property value in the account can generally be treated as inheritance. The heirs can first communicate with the platform and, if necessary, assert their rights through litigation. The specific provisions shall be subject to the agreement, current laws and regulations, and judicial rulings.

Q2: What should I do if I don't know what digital assets my deceased loved one owned?

You can start by organizing a list based on clues such as mobile phones, computers, bank and payment bills, email notifications, financial and securities accounts, etc. If necessary, apply to the court for investigation and evidence collection. If you can leave an asset list and account description before your death, it will greatly reduce the difficulty of inheritance and avoid assets being inaccessible for a long time.

Q3: How can digital assets be effectively included in a will?

It shall specify the type of assets, the holding platform, the scope of account information, and the ownership arrangement, and adopt one of the statutory forms such as self-written, printed, or notarized; the printed will shall be witnessed by two or more witnesses who are present and sign each page, and indicate the date. For sensitive information such as passwords, additional explanations may be provided and attention should be paid to confidentiality and security.

Q4: How do multiple heirs divide digital assets?

For those assets that are difficult to physically divide, one party may acquire them after appraising their value and compensate the other party, or they may be jointly owned and disposed of in proportion. The key is to first determine the value and ownership shares, and then negotiate or have the court make a ruling. If there are significant disputes over value, a professional appraisal may be requested or the value may be determined based on transaction records.

Q5: What should I do if the platform refuses to cooperate in withdrawing the account balance?

You can first negotiate with the platform and submit materials such as the death certificate, proof of inheritance relationship, and will; if the negotiation fails, you can file a lawsuit to confirm the right of inheritance and request cooperation. During the litigation, you can apply to the court to retrieve the account information. Whether the platform supports this needs to be judged comprehensively based on the platform's agreement and legal provisions.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials to avoid missing the statutory time limit. →Inheritance legal services·Attorney Chen Mei'e·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.