[Direct answer]In the Beijing area, can the digital collectibles of the deceased be inherited? This is a practical issue of widespread concern among the parties involved. According to the Inheritance Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021) and the Interpretation (I) of the Supreme People's Court on the Application of the Inheritance Chapter of the Civil Code, when handling such matters, it is necessary to grasp the core elements and evidence and assert rights in accordance with the law. Whether a favorable outcome can be achieved depends on the clarity of the facts, the sufficiency of the evidence, and the choice of procedures, rather than on the promise of the outcome. It is recommended to sort out the materials as soon as possible, fix the key evidence, and formulate a plan with the assistance of a professional lawyer to avoid losing rights due to exceeding the statutory time limit or insufficient evidence. For more details, please refer to the following link:Legal services for inheritance.

I. Problem Background and Typical Scenarios

Can the digital collectibles of the heir be inherited? Such requests are also quite common in the Beijing area. When handling such cases, both substantive rights and procedural choices need to be taken into account. In this context, it is necessary to combine the relevant provisions of the Civil Code and the specific circumstances of the case to determine the applicable legal framework and the appropriate approach to handling the case.Legal services for family division and property divisionBased on practical experience, it is recommended that parties first clarify their legal relationships before deciding on the path of protecting their rights or negotiating with others.

II. Key points of contention

The focus of disputes in inheritance cases often lies in three aspects: Firstly, whether the will is genuine and valid, as the formal requirements of a self-written, proxy-written, or notarized will directly affect its validity; Secondly, the scope and shares of heirs, where those who fulfill their main support obligations in statutory inheritance may receive a larger share; Thirdly, the debt repayment of the decedent is limited to the actual value of the estate, and the property disposed of during the decedent's lifetime does not belong to the estate. The adequacy of evidence determines the share of inheritance.

III. Professional analysis by Hengluo Lawyers

Based on a related case handled by our firm, it can be seen that this case involves a dispute over inheritance of property in which testamentary inheritance and statutory inheritance intertwine. The decedent, Sun *1, died in June 2020. In his will, he left two properties in Beijing to his parents and his wife, Huang *. The two plaintiffs (Sun *1's parents) claimed to inherit all the property on the grounds that Sun *1 suffered from mental illness and their marriage was invalid, and demanded to inherit the two properties, funeral expenses, pensions, and other assets totaling 1,096,844.44 yuan, as well as insurance compensation of 236,580.50 yuan. Huang * entrusted attorneys Li Yonghui and Fu Xiaofei from Beijing Henglu Law Firm to represent her in the lawsuit. The attorneys argued that the marriage was legal and valid, that the stepdaughter Wu * was an inheritor who formed a guardianship relationship, and that the couple's joint property should first be allocated to the spouse's share. The court ultimately determined that the two properties should be handled according to the will, and the remaining estate should be inherited according to statutory law. Considering that the plaintiffs spent more time caring for Sun *1, they were awarded a larger share. The court specified the specific shares and compensation amounts for all parties. The core disputes include the determination of testamentary capacity and the allocation of marital joint property. Applicable laws: the Inheritance Law of the People's Republic of China and the Civil Procedure Law of the People's Republic of China. Henglu Law Firm advises that when handling such cases, it is necessary to focus on the core issues and organize evidence and legal arguments around the disputed focal points. This case was handled by Beijing Henglu Law Firm. 结合本所承办的一起相关案件可见：本案系遗嘱继承与法定继承交织的遗产继承纠纷。被继承人孙某1于2020年6月去世，生前立遗嘱将北京两套房屋分别留给父母与妻子黄某；二原告（孙某1父母）以孙某1患精神疾病、婚姻无效为由主张继承全部财产，并要求继承两套房屋、丧葬费抚恤金等1009684.44元及保险理赔金236580.50元。黄某委托北京恒略律师事务所李永慧律师、付小飞律师代理应诉。律师主张婚姻合法有效、继女吴某为形成抚养关系继承人、夫妻共同财产先析出配偶份额。法院最终认定两套房屋按遗嘱处理、其余遗产按法定继承，结合二原告与孙某1共同生活照顾较多予以多分，明确了各方具体份额与折价款。核心争议：遗嘱行为能力认定与夫妻共同财产析出。适用法条：《中华人民共和国继承法》《中华人民共和国民事诉讼法》。恒略律师提示，办理此类案件须紧扣核心要点，围绕争议焦点组织证据与法律论证。本案由北京恒略律师事务所Li YonghuiThe attorney (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis mainly includes Articles 1121 to 1145 of the Civil Code of the People's Republic of China (effective January 1, 2021) (General Provisions on Inheritance, Statutory Inheritance, and Testamentary Inheritance), Article 1127 (Range and Order of Heirs), Article 1130 (Distribution of Inheritance in Unequal Shares), Article 1134 (Holographic Wills), and Article 161 (Limited Inheritance); and the supporting document "Interpretation (I) of the Inheritance Chapter of the Civil Code by the Supreme People's Court" (effective January 1, 2021). Practical suggestions: First, confirm whether there is a will and its validity, then clarify the scope of the inherited property and the separation of marital joint property; those who fulfill their duty of support can claim a larger share; for the transfer of real estate, hold the notarized document or effective legal document to the registration center for handling. For real estate inheritance, it can be combined with other relevant provisions.Legal services for real estate transactions and construction projectsHandle it.

5. Henglu Law Firm's Advice

In inheritance disputes, it is essential to clarify the scope of the will and the estate first to avoid hasty division. There are three key points: checking the will and verifying its form, identifying the heirs, and analyzing the spouse's share; preserving written and transfer evidence for disputes over loans or investments; and consulting the registration department in advance for property transfer matters. If it is necessary to clarify complex ownership issues, legal assistance can be sought.Special services and other case servicesThe docking team.

When handling inheritance and family division matters, it is recommended to clarify three issues first: confirm whether there is a will and the legal validity of the will. The requirements for a self-written, proxy-written, and notarized will are different. Clarify the scope and shares of heirs, and those who fulfill their main support obligations can claim a larger share. Separate the spouse's property from the decedent's debts to avoid mistakenly listing disposed assets as inheritance. In terms of materials, death certificates, kinship certificates, property ownership certificates, and deposit certificates should be collected as soon as possible. Supporting documents such as support records and medical bills can help claim a larger share. For disputes involving purchases or investments under someone else's name, written and transfer evidence are particularly crucial. It is recommended to first communicate with family members. If no agreement can be reached, then entrust a lawyer to evaluate the public notarization or litigation path to avoid visiting the registration department due to unclear ownership. Overall, first fix the scope of the will and inheritance, then choose a lower-cost inheritance notarization, and finally confirm the shares through litigation if there are major disputes, which can significantly reduce time and cost.

VI. Frequently Asked Questions

Q1: Are digital collectibles, like deposits, considered inheritable assets?

It can be inherited, but the ownership attributes need to be distinguished.According to Article 127 of the Civil Code of the People's Republic of China (effective January 1, 2021), if the law provides for the protection of data and online virtual property, it shall be implemented in accordance with the provisions of the law; the payment records corresponding to digital collectibles and the holding rights belong to the personal legal property, and according to Article 1122, they can be included in the scope of inheritance. It should be noted that: the platform agreement restricts the transfer or trading of collectibles, and the heirs obtain the rights to hold and dispose of the benefits, rather than the transfer of the account; if the platform has been shut down, the heirs can claim property rights based on the transaction records and payment certificates, and first negotiate with the platform. If no agreement is reached, they can sue to confirm the rights of ownership.

Q2: When an heir takes over digital collectibles, what documents should they collect first?

It is recommended to collect five types of certificates. Firstly, the wallet private key or mnemonic phrase, platform account and real-name information, which are used to confirm control rights; Secondly, the collection holding records and minting or purchasing transaction records, which prove the source of ownership; Thirdly, the deceased's death certificate and proof of kinship; Fourthly, the heir's identity certificate; Fifthly, the provisions on account inheritance or asset settlement in the platform service agreement. If the certificates are incomplete, you can first apply to the platform for inheritance account processing and keep the communication records. Digital collectibles are often transferred online, and transaction snapshots and payment certificates are key to proving their value. It is necessary to export and back up these documents before the device data is lost.

Q3: When suing to confirm the ownership of digital collectibles, what is the basis for calculating the litigation fees?

The fees shall be paid in stages according to the type of property case. According to the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007), the acceptance fee for property cases is based on the amount of the claim. For cases involving amounts below 10,000 yuan, a fee of 50 yuan per case shall be paid; for cases involving amounts between 10,000 yuan and 100,000 yuan, a fee of 2.5% of the amount shall be paid; and for cases involving amounts exceeding 100,000 yuan, the fee ratio shall be gradually reduced. For cases settled through mediation or withdrawn from litigation, the fee shall be reduced by half. If there are disputes over the valuation of digital collectibles, the parties may apply for an appraisal or provide evidence by referring to the historical transaction prices on the platform, and the appraisal fee shall be charged separately. Lawyer's fees shall be agreed upon by the parties and written into the entrustment contract in accordance with the "Measures for the Administration of Lawyer's Service Fees" (implemented on April 1, 2007). When the amount involved in the case is not large, the cost of inheritance notarization or settlement through negotiation is usually lower than that of litigation. It is advisable to first evaluate the case before filing a lawsuit.

Q4: If the will doesn't mention digital collectibles, can the inheritance process still proceed?

The part that has not been disposed of shall be handled in accordance with the statutory inheritance. According to Article 1127 of the Civil Code of the People's Republic of China (effective January 1, 2021), the statutory inheritance shall be firstly inherited by the spouse, children, and parents, and secondly by the siblings, grandparents, and grandparents; the will only disposes of the known property, and if the digital collectibles are not included, they shall be jointly inherited by the first-order heirs. In terms of procedure, the heirs can first apply for inheritance notarization, which will be completed in a few days to weeks; for disputes over shares, litigation shall be initiated, and the first-instance ordinary procedure usually takes no more than six months, while the summary procedure is limited to three months. In the inheritance case handled by our firm, the court allocated shares to the part not covered by the will in accordance with the statutory inheritance and combined with the situation of supporting the elderly.

Q5: If you discover a collection account on the day of a loved one's death, what should you do first?

First, protect the data and don't rush to transfer or delete it. Firstly, take screenshots to record the wallet address, account balance, and collection list; Secondly, keep the private key or mnemonic phrase securely and never let multiple people read it to prevent assets from being stolen and transferred; Thirdly, contact the platform's customer service to apply for freezing or handling the inheritance account, and keep the work order records. According to Article 112 of the Civil Code of the People's Republic of China (effective January 1, 2021), the rights corresponding to the collection are inheritable property. Once the data is lost, it will be extremely difficult to recover. After completing the backup, check the transaction records and payment receipts to prepare the basic materials for subsequent inheritance notarization or rights confirmation litigation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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 you encounter disputes, please consult a practicing lawyer in time.