[Direct answer]In the Beijing area, it is necessary to distinguish between "the account itself" and "the property rights and interests within the account". 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 its provisions; Article 1122 stipulates that inheritance refers to the personal legal property left by a natural person upon his death. The cashable balance, reward income, and rights with property value within the account usually belong to the inheritance and can be inherited according to law; however, the login and use of the account are also subject to service agreements, real-name rules, and privacy protection. Platforms often do not allow inheritors to directly take over the account solely based on their status as inheritors. In practice, it is more common to handle property withdrawal rather than to take over the account.

1. Problem background and typical scenarios

When a loved one suddenly passes away, family members not only want to retrieve photos, chat records, and other emotional mementos, but also care about the balance in the account, tips, and unpaid earnings. Some people repeatedly appeal to log in, but are rejected by the platform. Others mistakenly believe that "inheritance means getting the password". There is currently no unified special legislation on digital inheritance in China. The relevant rules are scattered in the Civil Code, platform agreements, and individual case judgments. Only by clarifying the boundaries can we avoid detours.

II. Key points of dispute

Firstly, whether the right to use the account can be inherited. Most platform agreements stipulate that the account cannot be transferred or inherited. Secondly, whether the property rights in the account can be inherited. The parts with economic value generally belong to the estate. Thirdly, privacy and personal interests. Chat records involve the privacy of third parties, so they need to be handled with caution. Fourthly, the scope and evaluation method of digital inheritance.

III. Professional analysis by Henglue Lawyers

When handling digital inheritance cases, Henglue Lawyers typically proceed in three steps. First, classification and identification: The assets in the account are divided into three categories—cashable assets (balance, red envelopes, wealth management, and reward earnings); property-based rights that have not yet been monetized (platform points, creator's earnings settlement rights); and purely personal content (chats, photos, private messages). The first two categories can generally be included in the inheritance process, while the third category, involving privacy and personal rights, cannot simply be inherited as property. Second, claiming rights: Heirs can apply to the platform to withdraw funds or settle earnings from the account with a death certificate, proof of kinship, and proof of inheritance rights. If the platform refuses and there are actual property rights, litigation can be initiated. Third, evidence preservation: Timely screenshot and notarize the account balance and earnings to avoid the account being suspended or data being cleared, making it impossible to provide evidence. It should be noted that most platforms' service agreements explicitly state that accounts are for personal use only, and heirs generally do not have the right to demand that the platform "deliver the account" and allow them to log in and use it. However, they can claim the property-based rights in the account. When handling such disputes in Beijing, courts tend to distinguish between property rights and personal rights and treat them separately.

IV. Practical suggestions and legal basis

The first step is to distinguish between the property rights and personal attributes within the account; the second step is to prepare the death certificate, proof of kinship, certificate of inheritance, or mediation agreement, and apply to the platform for fund withdrawal; the third step is to take screenshots and preserve evidence in a timely manner to prevent data loss; the fourth step is to file a claim through negotiation or litigation if the platform refuses without justifiable reasons. Main legal basis: Article 127, Article 1122, and Article 1127 of the Civil Code of the People's Republic of China (effective January 1, 2021), and the provisions on personal information processing in the Personal Information Protection Law of the People's Republic of China (effective November 1, 2021); the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

The three key points of digital inheritance: the right to use an account is not inheritable, but the money in the account can be claimed; chat records involve others' privacy, so they need to be handled with caution; and evidence should be fixed first, with screenshots notarized before the account is terminated. For matters involving inheritance of digital assets, you can seek assistance through legal channels.Inheritance of property and division of family assetsThe service provides a comprehensive solution, which involves the integration of virtual property and intellectual property incomeIntellectual property protection and corporate lawFor reference, please refer to the sections related to inheritance documents and notarizationSpecial servicesThe column involves the monetization of digital assets and the enforcement of legal judgments, which can be combined togetherCreditor's rights and debts, and enforcement板块。

VI. Frequently Asked Questions

Q1: Can family members directly log in to the deceased's account?

Generally, this is not allowed. Most platform agreements stipulate that the account is for personal use only and cannot be transferred or inherited. Family members can usually apply to withdraw funds from the account, but they cannot take over the account and log in to use it.

Q2: What evidence materials are required?

A death certificate, a proof of kinship, a notarized certificate of inheritance rights or a valid judgment document, as well as screenshots of the account balance and income, and notarized materials, are used to prove the scope of the property and the eligibility for inheritance.

Q3: How much does it cost to handle digital inheritance?

Notarization and legal services are charged on a per-case basis, with the amount depending on the size of the estate. If it only involves withdrawing a small balance, the cost is usually lower, while litigation is calculated based on the value of the claim.

Q4: How long does it take to process the application?

Applications for withdrawal from the platform are generally responded to within a few weeks. For cases involving notarization and litigation, the response time is calculated according to the corresponding procedural cycle. It is advisable to handle evidence preservation as soon as possible.

Q5: What should I do if the platform rejects my application?

First, submit a written application and request an explanation of the reasons, and keep a record of the communication. If the other party refuses without a valid reason despite having clear property rights, you can hire a lawyer to negotiate with them or initiate a lawsuit related to inheritance.

The above answer is based on the judicial practice in Beijing. The adjudicative opinions in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are currently 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 limits. →Legal services for inheritance·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. In the event of a dispute, please consult a practicing lawyer in time.