How to Include Cryptocurrency in Your Florida Estate Plan
- Carolina Nunez
- 23 hours ago
- 7 min read
by Orlando Crypto Attorney Carolina Nunez, Esq.
If you own Bitcoin, Ethereum, or any other cryptocurrency, you already understand the importance of security. Cold storage wallets, hardware keys, multi-signature protocols — you have taken steps to protect your digital assets from hackers. But what happens to those assets if you are in an accident, become incapacitated, or pass away unexpectedly? Without a legally enforceable estate plan that specifically addresses cryptocurrency and digital assets, your holdings could be permanently lost — even to your own family.
At The Law Offices of Carolina Nunez, P.A., Attorney Carolina Nunez helps crypto holders, investors, and digital asset owners throughout Orlando, Winter Park, Daytona Beach, and Central Florida protect their digital wealth through comprehensive estate planning strategies built for the realities of blockchain technology.
Call (407) 900-FIRM to schedule your estate planning consultation, or click here to fill out our online estate planning form.
DISCLAIMER: This article provides general legal information about crypto estate planning in Florida. It does not constitute legal advice. Every situation is unique, and you should consult directly with a qualified estate planning attorney to address your specific digital asset protection needs.
Why Traditional Estate Plans Fail Crypto Holders
A standard will or trust drafted by a general practice attorney may reference "all personal property" or "all financial accounts." While that language might cover a bank account at Chase or a brokerage account at Fidelity, it does not adequately address the unique nature of cryptocurrency. Unlike traditional financial assets, crypto is not held by a custodian who can be contacted with a death certificate. There is no bank manager to call. There is no 1-800 number for a cold storage wallet.
This is why crypto estate planning requires a fundamentally different approach. Under Florida law, digital assets are governed by a combination of traditional probate statutes (Florida Statutes Chapter 732), trust law (Florida Statutes Chapter 736), and the Florida Fiduciary Access to Digital Assets Act (Florida Statutes §§ 740.001–740.10). The Fiduciary Access Act, modeled after the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), specifically addresses how fiduciaries — executors, trustees, agents under a power of attorney — may access digital assets after a person's death or incapacity.
What Florida Law Says About Digital Assets in Estate Plans
1. How Florida Defines Digital Assets
Florida Statutes § 740.002 defines a "digital asset" as an electronic record in which an individual has a right or interest. This includes cryptocurrency stored on exchanges like Coinbase or Kraken, tokens held in self-custody wallets such as Ledger or Trezor devices, NFTs on platforms like OpenSea, DeFi protocol positions, staking rewards, and any other blockchain-based asset.
2. Account Holder Direction Takes Priority
Under § 740.003, the account holder's direction — expressed in an online tool, a will, a trust, or a power of attorney — takes priority over any platform's default terms of service. This is critically important for crypto holders. It means that if your estate plan specifically authorizes your executor or trustee to access your digital wallets and provides the necessary instructions, that legal directive supersedes the exchange's or platform's default settings.
3. Without Authorization, Your Crypto May Be Lost
Without explicit authorization in your estate planning documents, your fiduciary may be legally prohibited from accessing your crypto under § 740.005. The result could be that hundreds of thousands of dollars in digital assets remain locked forever in a wallet that no one can access.
Key Components of a Crypto Estate Plan in Florida
1. Last Will and Testament or Revocable Living Trust
Your will or trust must contain specific digital asset provisions authorizing your fiduciary to access, manage, transfer, and if necessary liquidate your cryptocurrency holdings. General language about "personal property" is not sufficient.
2. Digital Asset Memorandum
A private, secure document listing every wallet address, exchange account, seed phrase location, PIN, and recovery method associated with your holdings. This memorandum should be stored separately from your will — which becomes a public document once admitted to probate under Florida Statutes § 733.2123 — to prevent your private keys from becoming part of the public record.
3. Durable Power of Attorney
Your Durable Power of Attorney must specifically grant your agent authority over digital assets under § 709.2201. Without this, if you are incapacitated but alive, no one may be able to manage your crypto holdings — even as market conditions change and your portfolio potentially loses significant value.
4. Revocable Living Trust for Larger Portfolios
For larger portfolios, a Revocable Living Trust with specific crypto provisions can help your digital assets bypass Florida probate entirely, providing your beneficiaries with immediate access rather than waiting months or years for the probate process under Florida Statutes Chapter 733.
GhostWill™: A Pioneering Digital Asset Estate Plan
At The Law Offices of Carolina Nunez, P.A., Attorney Carolina Nunez created GhostWill™ specifically to address the gap between advanced crypto security and legally enforceable estate planning. GhostWill™ is a proprietary digital asset estate plan that integrates Florida probate law, trust law, and the Fiduciary Access to Digital Assets Act into a comprehensive protection system for cryptocurrency holders.
GhostWill™ plans are available at multiple tiers depending on the complexity of your holdings. Whether you have a single Bitcoin wallet or a complex portfolio involving multiple exchanges, cold storage devices, DeFi protocols, NFTs, and staking positions, GhostWill™ provides a legally enforceable framework that ensures your digital assets reach your intended beneficiaries.
Each GhostWill™ plan includes a Last Will and Testament with crypto-specific provisions, a secure Digital Asset Memorandum, in-office notarization with attorney and notary present as required by Florida Statutes § 732.502, and a fireproof safe for document storage. Higher-tier plans add revocable living trusts, multi-signature wallet protocols, DeFi position documentation, and business crypto account coverage. Visit our digital asset estate planning page for full pricing details.
Common Crypto Estate Planning Questions
What happens to my cryptocurrency if I die without an estate plan in Florida?
If you die intestate (without a will) in Florida, your assets are distributed according to Florida Statutes § 732.101 through § 732.111. However, even if your heirs are entitled to your estate under intestacy law, they may have no practical ability to access your cryptocurrency. Without seed phrases, private keys, or wallet access instructions, your crypto could remain permanently locked. The probate court cannot order a blockchain to release funds. This is why proactive estate planning is essential for every crypto holder.
Can I put Bitcoin in a Florida trust?
Yes. Bitcoin and other cryptocurrencies can be held in a Florida Revocable Living Trust under Florida Statutes Chapter 736. In fact, using a trust for crypto is often preferable to a will because trust assets bypass the probate process entirely. This means your trustee can access and distribute your Bitcoin immediately upon your death or incapacity, without waiting for a probate court order. The trust document must contain specific provisions authorizing the trustee to manage digital assets and must be coordinated with your Digital Asset Memorandum containing wallet access information.
Do I need a special attorney for crypto estate planning?
While any licensed Florida attorney can draft a will or trust, crypto estate planning requires an understanding of both Florida estate law and blockchain technology. An attorney who does not understand the difference between a hot wallet and a cold storage device, or who does not know how multi-signature wallets work, may draft documents that are technically valid but practically useless for accessing your digital assets. Attorney Carolina Nunez holds cybersecurity certifications including the ISC2 Certificate in Security Operations and maintains ongoing education in blockchain law, and digital security — ensuring that GhostWill™ plans are both legally sound and technically informed.
How much does crypto estate planning cost in Florida?
The cost depends on the complexity of your digital asset portfolio. GhostWill™ plans at The Law Offices of Carolina Nunez, P.A. start at $2,500 for straightforward portfolios with a single wallet and up to two types of cryptocurrency, scaling up for more complex situations involving multiple exchanges, cold storage devices, DeFi protocols, NFTs, and business-owned crypto. Visit our digital asset estate planning page for full pricing details, or call (407) 900-FIRM to discuss your specific situation.
Does Florida tax cryptocurrency held in a trust or estate?
Florida does not impose a state income tax or a state estate tax, which makes it one of the most favorable jurisdictions for crypto holders. However, federal estate tax obligations may apply under 26 U.S.C. § 2001 if your total taxable estate exceeds the federal exemption threshold. Additionally, cryptocurrency is treated as property by the IRS under Notice 2014-21, meaning that capital gains taxes may apply when crypto is sold or exchanged by your estate or beneficiaries. Proper estate planning can help structure transfers to minimize unnecessary tax exposure. Always consult a qualified CPA or tax attorney for advice specific to your situation.
Protect Your Digital Assets Today
Every day that passes without a proper crypto estate plan is a day your digital assets remain at risk. Whether you hold a modest portfolio or significant cryptocurrency investments, Attorney Carolina Nunez at The Law Offices of Carolina Nunez, P.A. can help you create a comprehensive, legally enforceable plan that ensures your digital wealth reaches your loved ones when it matters most.
Our offices in Winter Park and Daytona Beach serve clients throughout Orlando, Kissimmee, Sanford, Altamonte Springs, Oviedo, Lake Mary, Deltona, and all of Central Florida. Hablamos Español.
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