Following the passing of a loved one, questions arise regarding the inheritance of digital assets such as WeChat and Alipay balances, gaming accounts, and social media creator accounts. A recent case from the 2025 "Top Ten Typical Cases" released by the China Will Library highlights this emerging issue. A "post-00s" individual, Mr. Feng, drafted a will leaving his salary savings to his sister in gratitude for her care, and notably included his 7-year-old gaming account as part of his digital inheritance. Deceased internet users leave behind not only memories and familial bonds but also vast, silent digital realms encompassing account balances, digital collectibles, chat histories, and cloud photo albums. As digital technology becomes deeply integrated into daily life, the governance of digital inheritance is becoming a critical frontier issue requiring urgent solutions.
01 Frozen Digital Assets Many individuals wonder: if they were to suddenly pass away, who would rightfully inherit their social media videos and photos, their popular short-video accounts, or their gaming accounts containing purchased items? Can relatives legally access them? This discussion was recently sparked in the comments section following the sudden death of a prominent influencer. In another instance, the account of a deceased singer was unexpectedly accessed on a music platform last October. The platform determined this occurred because the mobile number linked to the account had been recycled by the carrier and reassigned, a phenomenon known as "number recycling." Such events fuel public debate on how to handle the "digital memories" of the departed. Legal experts note a rapid increase in lawsuits related to digital inheritance in recent years. However, many cases face prolonged delays or cannot be executed due to legal gaps and technical barriers.
A student surnamed Zhou from a Shanghai university faced a specific challenge. Her mother had operated a popular public account on a platform. After her mother's death, Zhou attempted to inherit the account but discovered that individual-type public accounts were non-transferable. This created a dual problem: the account her mother had meticulously managed risked deletion, and any future advertising revenue could not be collected because the linked bank account had been closed. Last year, Zhou filed a lawsuit against the platform. "After the court accepted the case, the platform proposed a mediation solution involving account migration. I hope this case brings visibility and importance to the issue of digital inheritance," Zhou stated. To mitigate such risks, an increasing number of people are including digital assets in their wills. Chen Kai, project office director of the China Will Library under the China Aging Development Foundation, observed that as younger generations刷新 their understanding of wills, virtual property has become a significant component of their assets. According to the 57th Statistical Report on China's Internet Development released by the China Internet Network Information Center (CNNIC) in February 2025, China had 1.094 billion instant messaging users, 1.093 billion online video users, and 573 million online game users as of December 2025. Over time, a portion of these vast digital accounts will inevitably become digital遗产. A young interviewee remarked, "Digital inheritance is different from houses or savings; it's intangible and easily overlooked. But behind the numbers and accounts are real people and emotions; they shouldn't just vanish silently."
02 The Triple Dilemma: Legal, Technical, and Ethical Challenges What makes inheriting digital assets so difficult? Investigations reveal a triple dilemma involving legal, technical, and ethical challenges. Legally, while there are principle-based regulations, specific operational rules are lacking. Legal professionals interviewed noted that although Article 127 of the Civil Code provides for the protection of data and online virtual property, it is largely declarative and lacks detailed implementation guidelines. Currently, the terms of service of many platforms conflict with the guiding principles of the Civil Code, forcing judicial practice to proceed cautiously. A review of user agreements from major internet platforms shows that most explicitly state that "account ownership belongs to the platform, users only have usage rights, and transfer or inheritance is prohibited." Some platforms even specify that "upon a user's death, the account will be directly reclaimed by the platform." Furthermore, the valuation of certain digital assets lacks clear legal standards, making it difficult to adjudicate in practice. Wang Qi, an associate professor at Beihang University's Law School, explained that the value of assets like gaming equipment and social media accounts is highly influenced by market trends, policies, and user engagement. The absence of an open, legal marketplace complicates establishing a unified valuation standard.
Technically, inheriting digital accounts faces hurdles like login verification and decryption. For instance, inheriting a short-video account might require multiple verification steps: a password, SMS code, and even facial recognition. Accessing digital currency may necessitate platform passwords, withdrawal keys, and identity verification. Encrypted assets present even greater challenges due to platform data protection measures. An industry professional, Wang Xiao, indicated that inactive accounts may face login restrictions. Even with a notarized will, it is difficult to transfer ownership directly on most platforms; often, a court ruling is required to establish rightful ownership. Ethically, digital inheritance involves a conflict between emotional attachment and privacy. "Digital inheritance involves two aspects: wealth and emotion," said Zhou Sizhao, an associate professor at Qingdao University. While emotional value is significant, an ethical question arises: should every piece of the deceased's information—messages, voice notes, photos, videos—be accessible to heirs? Gao Lei, a member of the China Law Society's Marriage and Family Law Research Council, pointed out that private data like chat logs and emails carry both personal rights and privacy attributes. Directly handing them over to heirs could potentially violate the privacy of the deceased and third parties, making it difficult to define a uniform boundary for inheritance.
03 Exploring Innovative Solutions Data from the 57th Statistical Report shows China's internet penetration rate reached 80.1% by December 2025. Experts like Zhou Sizhao suggest that as the population of "digital natives" grows, so does the volume of digital assets. These assets will eventually become part of digital inheritance, increasing the demand for clear inheritance processes. If these issues remain unresolved, it could foster grey market activities, such as illegal data acquisition and paid inheritance services. Legislative exploration is underway globally. Some jurisdictions already grant executors the right to access the digital assets or devices of the deceased. Companies and platforms are also initiating efforts. Some major smartphone manufacturers and internet companies now allow users to designate a legacy contact, authorizing them to access certain account or cloud-stored content after the user's death. In December 2025, China's Supreme People's Court amended the "Regulations on the Causes of Action in Civil Cases" for the third time, adding a top-level cause of action for "data and online virtual property disputes." This provides a judicial basis for handling cases involving digital inheritance. Hu Gang, Deputy Secretary-General of the Internet Society of China's Legal Work Committee, recommended that local authorities could pioneer framework regulations and operational guidelines. These should establish fundamental rules, such as clarifying the legal status of digital遗产 like social media accounts, creating a categorized inheritance system, and defining the inheritance process. These guidelines should be frequently assessed and revised based on technological advancements and judicial practice.
Digital inheritance is not merely about the归属 of substantial assets; it is fundamentally about establishing a "people-oriented" foundational rule for the digital society. Data does not solely belong to platforms or capital; it belongs to the ordinary individuals who create it and imbue it with meaning.
