[Direct answer]Virtual assets such as gaming equipment fall under the scope of inheritance. If they can be monetized at a discounted price, the heirs can inherit and dispose of them in accordance with the law. Account registration, platform agreements, and ownership of the equipment are three preliminary thresholds: if the account's real name holder is the deceased, the agreement does not prohibit transfer, and the value of the equipment can be determined, it can be included in the inheritance for unified division; if the agreement restricts transfer, the court usually only confirms the ownership of the right to use, and the monetization must be completed within the platform's rules. It is advisable for the heirs to first notarize and preserve the account data, then negotiate with the operator or file a lawsuit to confirm ownership.
I. Problem Background and Typical Scenarios
Online game accounts, equipment, coins, skins, and other virtual assets now generally have transactional value. Some rare equipment can sell for thousands of yuan or even tens of thousands of yuan in the secondary market. After a player's death, families often face three dilemmas: not knowing what's in the account, not knowing the account's value, and not knowing whether the platform allows transfer. Typical scenarios include: the account's real-name registrant is the inheritor, but the family's application to change the account information is rejected; the inheritor previously rented or lent the account to others, leading to ownership disputes; the family wants to directly sell the equipment to recover funds but is unable to log in due to forgotten passwords; and the platform cites service agreements stating that accounts cannot be transferred or inherited, with the family and the operator disagreeing on the issue. Unlike real estate and bank deposits, virtual assets lack a registration authority for verification, and the rights certificates are scattered across the operator's servers, making it difficult for families to independently collect evidence and often requiring public notarization or litigation to retrieve backend data. Another hidden obstacle in practice: accounts may be bound to the inheritor's email and phone number, and the password recovery process involves double verification. If there are unexpired subscriptions, recharge balances, or unpaid game live-streaming earnings in the account, they must also be included in the estate. In recent years, there has been increasing discussion about digital inheritance. Some platforms have established customer service channels for inheritance matters, allowing families to prioritize official procedures before resorting to notarization or litigation. Another overlooked detail is the legality of equipment sources. Equipment involved in theft, cheating, or illegal transactions is subject to disposition restrictions, and defects must be clarified before inheritance division. While non-marketable content such as account friendships and honor badges cannot be monetized, they can serve as background evidence in value disputes.
II. Key points of dispute
The first layer of controversy is whether the equipment belongs to the estate. According to the Inheritance Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021), the estate refers to the legal property left by a natural person upon their death; online virtual property with economic value and can be appraised is generally recognized as inheritable in judicial practice, but purely personal attributes such as account nicknames and chat records are usually not subject to inheritance division. The second layer of controversy is the conflict between account ownership and platform agreements. Operators claim that accounts are for personal use only based on user agreements, while family members argue based on inheritance rights. The outcome of the dispute depends on the nature of the agreement terms and the source of the equipment. The third layer of controversy is value determination. Virtual equipment prices fluctuate greatly and lack a unified evaluation standard. When the parties' valuation differ significantly, the court often refers to the platform's historical transaction prices or appoints a third-party appraiser. The fourth layer of controversy is evidence collection. Account data is controlled by operators, and when family members apply to the court for investigation and evidence collection, the operator has the obligation to cooperate. The fifth layer of controversy is the division method. When multiple heirs disagree on the ownership of the equipment, it can be awarded to one person for compensation to others, or an agreement can be reached on shared use and account management division. The court will make a judgment based on the parties' usage habits, degree of care, and financial situation.
III. Professional analysis by Hengluo Law Firm
The evidence organization methods accumulated in the traditional heritage field can be fully applied to virtual property scenarios. The adjudication logic of virtual property inheritance is the same as that of traditional heritage such as houses, both of which require first solving the issues of ownership identification and scope delimitation. A case of inheritance dispute handled by our firm can illustrate the court's approach: The case involves a dispute over inheritance involving both testamentary and statutory inheritance. The decedent, Sun *1, died in June 2020. In his will, he left two houses 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 had an invalid marriage, and demanded to inherit the two houses, funeral expenses, pensions, and insurance compensation totaling 1,096,844.44 yuan. Huang * appointed attorneys Li Yonghui and Fu Xiaofei from Beijing Henglu Law Firm to represent her in the defense. The attorneys argued that the marriage was legal and valid, and that the stepdaughter Wu * was an inheritor who formed a guardianship relationship with Sun *1. They also argued that the couple's jointly owned property should first be divided into the spouse's share. The court ultimately ruled that the two houses should be handled according to the will, and the remaining estate should be inherited according to statutory law. Considering that the plaintiffs had taken care of Sun *1 more during his lifetime, the court awarded them a larger share and specified the specific shares and compensation amounts for each party. The case focused on two issues: the determination of testamentary capacity and the division of jointly owned marital property. During the trial, the court applied the Inheritance Law of the People's Republic of China (implemented on October 1, 1985) and the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022). The case was represented by Attorney Li Yonghui from Beijing Henglu Law Firm (practice certificate number: 11101199611955812, subject to the certificate issued by the judicial administrative authority). This case reminds us that the court adopts a case-by-case adjudication method for inheritance. Virtual equipment must also enter the division list and pass through the three stages of legality, ownership, and value determination. Returning to the virtual equipment scenario, the same case-by-case screening and evidence-first approach applies here. Rather than obsessing over the value of the equipment, it's more important to first establish a solid evidence chain for the ownership of the account. The issue of value often becomes clear once ownership is determined. 传统遗产领域积累的证据组织方法,完全可以平移到虚拟财产场景。虚拟财产继承与房屋等传统遗产的裁判逻辑相通,都要先解决权属认定与范围圈定。本所承办的一起遗产继承纠纷可以说明法院的处理思路: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。案件争议集中于遗嘱行为能力认定与夫妻共同财产析出两点,审理中适用《中华人民共和国继承法》(1985年10月1日施行)及《中华人民共和国民事诉讼法》(2021年12月24日修正、2022年1月1日施行)。本案由北京恒略律师事务所李永慧律师(执业证号:11101199611955812,以司法行政机关核发证件为准)代理。本案提示我们:法院对遗产采取逐项甄别的裁判方法,虚拟装备要进入分割清单,同样要过合法性、权属与价值认定三关。回到虚拟装备的场景,这套逐项甄别、证据先行的路径同样适用,与其纠结装备值多少钱,不如先把账号权属的证据链搭牢,价值问题往往随着权属落定而水到渠成。
IV. Practical suggestions and legal basis
The legal basis mainly includes Articles 112 to 114 of the Civil Code of the People's Republic of China (effective January 1, 2021) regarding general provisions on inheritance, statutory inheritance and testamentary inheritance, Article 127 on the scope and order of heirs, Article 130 on the distribution of inheritance shares, Article 134 on self-written wills, and Article 161 on limited inheritance; the supporting Interpretation (I) of the Inheritance Chapter of the Civil Code by the Supreme People's Court (effective January 1, 2021); and the protection of online virtual property shall apply the corresponding provisions of the General Provisions of the Civil Code. In practice, it is recommended to follow five steps: First, fix the account information, export the equipment list, level, and screenshots, and apply for notarization preservation; Second, verify the terms on account inheritance and transfer in the platform agreement; Third, apply to the operator for data retrieval with the death certificate and kinship certificate; Fourth, determine the value of the equipment, which can refer to the platform transaction price. For large-value items, commission an appraisal; Fifth, negotiate the division among heirs, and if no agreement is reached, file a lawsuit for inheritance disputes. Beyond these five steps, attention should also be paid to time and cost nodes: Notarization applications generally take several days to weeks to complete; ordinary litigation procedures take six months and simplified procedures take three months; the appraisal period does not count towards the trial time limit; inheritance notarization charges are based on the beneficiary's share of the estate; litigation acceptance fees are calculated by segments based on the amount of the claim; when the value of virtual property is not high, it can be handled together with real estate and other assets to spread the overall cost. For cases involving traditional inheritance such as real estate under the same name, it can be handled throughInheritance succession and family property division servicesUnderstand the overall plan.
5. Henglu Law Firm's Advice
Three reminders: First, prioritize notarization and preservation of evidence before discussing disposal. Equipment data is stored on the operator's servers, and screenshots taken by family members have limited legal validity. Notarization and preservation of evidence will ensure its admissibility in litigation. Second, avoid privately buying and selling account passwords. Second-hand account transactions violate platform rules. Light penalties include account suspension, while severe penalties may trigger liability disputes. This could complicate inheritance disputes further. Third, approach equipment valuation rationally. Rare equipment prices fluctuate sharply. Unreasonable demands may prolong the process. Referencing transaction prices for valuation helps expedite asset division. After inheritance begins, promptly inventory all assets, including both traditional and virtual property, to avoid creditor claims arising from omissions. Prepare materials such as death certificates, kinship certificates, account registration information, and recharge records to shorten the operator's review period. Establish an accounting mechanism among heirs to regularly update progress, quotes, and payment status, reducing misunderstandings. Finally, agree on an asset disposal method in advance. Selling equipment and distributing proceeds proportionally typically smooths conflicts between those who want to keep it as a memento and those who want to sell immediately. All proceeds must be distributed according to inheritance shares. Any party embezzling funds will trigger new disputes. Additionally, if the decedent had other creditors, the proceeds from virtual asset sales must also be included in the repayment sequence. Do not mistakenly believe that converting assets to cash exempts them from repayment obligations.
VI. Frequently Asked Questions
Q1: Do the items in a game account belong to the estate after they are monetized?
It belongs to. The Inheritance Chapter of the Civil Code of the People's Republic of China (implemented on January 1, 2021) defines the personal legal property left by a natural person at the time of death as inheritance. If the virtual equipment has property value and can be liquidated for cash, the court will generally include it in the scope of inheritance; but if the account is limited by the platform agreement for personal use, the judge may only confirm the ownership of the right to use it, and the liquidation must be carried out within the platform rules. The heirs can first apply for notarization to preserve the account data, then negotiate the transfer with the operator, and if no agreement can be reached, they can confirm the ownership and the liquidation amount through a lawsuit for inheritance disputes.
Q2: What valuation documents are required to prove the value of virtual equipment?
There are mainly four categories: the equipment list and level data in the account backend, the historical transaction records of the platform's secondary market, the recharge and consumption vouchers of the inheritor, and the value opinions issued by third-party appraisal institutions. The transaction records best reflect the market-recognized price, the recharge vouchers are used to prove the acquisition cost, and the appraisal opinions are the most convincing when the price quotes of both parties are vastly different. It is recommended to first notarize and preserve all the data before submitting them; if the operator is unwilling to cooperate in retrieving the data, the party concerned may apply to the court for investigation and evidence collection in the litigation process to ensure that the evidence chain is fully closed and complete.
Q3: How much does it cost to conduct a forensic appraisal of equipment?
The appraisal fee is charged at a certain percentage of the appraised item. The quotes from institutions in different regions vary. Due to the lack of a mature market reference for virtual property appraisal, the fees are usually higher than those for conventional movable property appraisal, often starting from thousands of yuan. If the value of the equipment is significantly lower than the appraisal cost, the court may guide the parties to negotiate and determine the value based on the transaction price on the platform instead of initiating the appraisal procedure. The party applying for the appraisal in the litigation pays the fee in advance, and the cost will be shared according to the proportion of their respective victories and defeats. Before filing a case, it is necessary to verify with the operator whether the equipment can be transferred, so as to avoid paying the appraisal fee for equipment that cannot be disposed of.
Q4: How long will it take if the game operator refuses to cooperate in retrieving the data?
If the operator refuses to directly retrieve the data on behalf of the family on the grounds of protecting the user's privacy, the family may apply to the court to investigate and collect evidence from the operator in the inheritance litigation. According to the provisions of the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022), the court has the right to require relevant units to cooperate. The first-instance ordinary procedure shall be concluded within six months from the date of acceptance of the case, and the simple procedure shall be applied for three months. After the judgment takes effect, the family may require the operator to cooperate in the transfer of the data according to the effective document, which usually takes several working days to several weeks.
Q5: How can the family members recover the equipment after the account's real-name authentication owner passes away?
Follow these three steps: First, organize the death certificate, proof of kinship, and account registration information. Submit an inheritance application to the platform and keep the communication records. If the platform refuses to cooperate, proceed with inheritance rights notarization or file a lawsuit for inheritance disputes. Present the notarized certificate or effective judgment to require the operator to change the account rights. The notarization process typically takes several days to weeks. Finally, complete the equipment transfer or sale within the platform rules. It is strictly prohibited to entrust third parties to crack the account, as this violates the platform agreement and may also make the family members bear additional responsibilities.
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 a dispute arises, please consult a practicing lawyer in time.