[Direct answer]Generally, it can be claimed. The unwithdrawn live-streaming income is essentially a creditor's right arising from the contract between the streamer and the platform or guild, which has clear property value and belongs to the "personal lawful property left by a natural person upon his death" as defined in Article 112 of the Civil Code of the People's Republic of China (effective January 1, 2021). It can be legally included in the estate and claimed for settlement by the heirs. Article 127 also explicitly stipulates that the protection of data and online virtual property shall be handled in accordance with other provisions of law. Family members may apply to the platform to withdraw or settle the unwithdrawn income with a death certificate, proof of kinship, and materials related to inheritance rights; if the platform refuses without justifiable reasons, the matter may be resolved through negotiation or litigation. The portion of the income involving others' shares and taxes shall be deducted accordingly first.

1. Problem background and typical scenarios

In the live-streaming industry, there are often payment delays for earnings settlements. When a streamer passes away, there are often unwithdrawn gifts and rewards, advertising revenue shares, and platform incentives left in their account. When the family applies for withdrawal, the platform may refuse on grounds such as "the account is only for personal use" and "verification of the account owner's identity is required". Whether these earnings count as inheritance and whether they can be withdrawn needs to be determined based on the property nature of the earnings and the settlement rules.

II. Key points of contention

Firstly, the nature of the unwithdrawn earnings—whether they constitute property rights or pure account equity. Secondly, the impact of account real-name verification and login restrictions on settlement. Thirdly, the handling of guild shares, platform commissions, and personal income tax in the earnings. Fourthly, evidence preservation—how to prove the amount and ownership of the earnings.

III. Professional analysis by Henglue Law Firm

When handling such disputes, Henglu Lawyers typically focus on four key points. First, define the nature of the dispute: the unwithdrawn earnings are the streamer's right to settlement under the contract, which constitutes an inheritable property right that can be separated from the account's personal attributes. The heirs are claiming "settlement and payment of earnings," not "takeover of the account to continue live-streaming." Second, ensure complete documentation: typically, the platform requires death certificates, proof of kinship, notarized certificates of inheritance rights, or effective court judgments, along with the streamer's real-name information and settlement records. The more complete the documentation, the higher the platform's cooperation rate. Third, verify account records: live-streaming earnings often involve revenue-sharing agreements with guilds or management companies, platform commissions, and withheld taxes. Before making claims, it's essential to check settlement rules and payment periods to clarify the net amount that can be withdrawn and avoid deadlocks due to inconsistent data interpretations. Fourth, preserve evidence: promptly screenshot and notarize the account's earnings details, settlement records, and contract texts to prevent account suspension or data overwriting that could complicate evidence collection. If the platform refuses on the grounds of internal rules, the heirs can assert their right to settlement and payment through litigation, citing provisions of the Civil Code on inheritance and contractual rights. In such cases, Beijing courts typically focus on verifying the authenticity of the earnings and the heirs' eligibility to claim.

IV. Practical suggestions and legal basis

The first step is to sort out the types of income and payment periods, and distinguish between categories such as gift rewards, advertising revenue sharing, and platform incentives. The second step is to retrieve the settlement records from the platform and take screenshots for notarization to fix the amount of income. The third step is to prepare all the inheritance materials and submit a written application to the platform for settlement and payment. The fourth step, if the income involves guild revenue sharing, check the contract provisions and claim the rights simultaneously. The main legal basis: Article 127, Article 1122, and Article 1127 of the Civil Code of the People's Republic of China (effective from January 1, 2021), and the relevant provisions on income in the Copyright Law of the People's Republic of China (amended in 2020 and effective from June 1, 2021); the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

The inheritance of live-streaming earnings follows three principles: unwithdrawn earnings are property rights that can be inherited and claimed for settlement; the claim is for the money, not for taking over the account; first, notarize the detailed earnings, then apply to the platform with the inheritance materials. For matters involving live-streaming earnings and inheritance, you can proceed through the following channels:\nInheritance and division of family assetsThe service provides a comprehensive solution, which involves the integration of intellectual property and contractual incomeIntellectual property protection and corporate lawFor disputes related to the performance of contracts, you can refer to the relevant provisions in the contract documents.Business and contract disputes in enterprisesFor the column involving revenue settlement and execution, the two can be combined togetherCreditor's rights and debts, and enforcement板块。

VI. Frequently Asked Questions

Q1: Are unclaimed earnings considered part of the estate?

It is usually counted. Its nature is the right of settlement enjoyed by the streamer according to the platform contract, which has property value and belongs to legal property that can be inherited according to law. The inheritor can claim the settlement and receive the money.

Q2: What materials do I need to prepare to pick up the package?

The notarized materials include the death certificate, the proof of kinship, the notarized certificate of inheritance rights or the effective judgment document, the real-name information of the streamer, and the notarized materials of the income details and settlement records in the account.

Q3: Do I need to pay taxes on inheritance income?

The personal income tax on the income itself is usually withheld and paid by the platform, and the heirs receive the net amount after taxation. The specific tax treatment shall be subject to the current tax laws and the platform's settlement rules.

Q4: Approximately how long will it take to receive it?

For those who have all the necessary materials, the platform will generally process the settlement within a few weeks after verification; for those involving royalty verification, notarization, or litigation, the processing period will be extended accordingly.

Q5: What should I do if the platform refuses to help?

First, submit a written application and request a written response, and keep records of the communication and application. If the other party refuses to pay without a valid reason despite the property having actual value, you can entrust a lawyer to negotiate with them or file a lawsuit to claim the payment.

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

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 current laws and regulations and publicly available 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 a timely manner.