In today's digital world, inheritance is not limited to physical assets: our photos, conversations, cloud documents, social media profiles (like Instagram), and even cryptocurrencies are part of an intangible heritage that needs to be planned. But what actually happens to this data when a person dies?

In Brazil, the topic is still uncertain. The STJ (Superior Court of Justice) recently began debating the inclusion of digital assets in inventories, and there is a proposal to appoint a "digital administrator" as a way to protect privacy and heirs' rights.

Furthermore, the LGPD (General Data Protection Law) currently applies only to living individuals, and the ANPD (National Data Protection Authority) has already pointed out that, after death, guardianship may fall under personality rights provided for in the Civil Code, not under data protection.

Digital inheritance and its practical outcomes

Digital inheritance can be understood as the set of assets, rights, and responsibilities that a person leaves in the virtual environment after their death. It is not limited to social media like Instagram or Facebook, but also includes email accounts, documents stored in the cloud, message histories, cryptocurrency wallets, streaming services, gaming platforms, and even access to digital banks.

In other words, any information or asset that depends on digital authentication can be considered part of this inheritance.
How is it being applied to code?

In practice, the outcomes are complex. First, because heirs do not always have access to passwords or recovery methods for these accounts, which can generate family disputes and even financial losses.

Second, because many platforms establish their own digital succession rules: Instagram, for example, allows turning a profile into a memorial page but does not offer full transfer of account control. On the other hand, cryptocurrency wallets or digital bank accesses can simply be lost forever if there is no secure record of the private keys.

Furthermore, there is a relevant legal dilemma: Brazilian legislation does not yet provide, in detail, how to handle these assets. The Civil Code only deals with the inheritance of tangible assets and traditional rights, while topics like digital inheritance depend on the interpretation of general principles of law and judicial decisions from the STJ.

In this context, information security professionals, lawyers, and privacy specialists advocate for the creation of instruments such as digital wills and the legal recognition of the figure of the digital administrator, who could organize and transfer these assets in a more transparent manner.

This concept shows that planning digital inheritance is not only a technological concern, but also a patrimonial, family, and even emotional one. After all, our lives today are deeply integrated into the virtual space, and ignoring this aspect can leave gaps that affect not only the person's memory, but also the rights of their heirs.

The role of the STJ and the figure of the digital administrator

The Superior Court of Justice has taken on a central role in defining how digital assets should be treated in inventories. With the increasing digitalization of life, doubts have arisen about social media accounts, cloud files, and cryptocurrencies, and the court seeks to create precedents that balance the rights of heirs with the privacy of the deceased.

STJ decisions on digital assets

The court has analyzed cases involving different types of digital assets, distinguishing between sensitive personal information and assets with patrimonial value. Photos, private messages, and confidential data may require judicial authorization to be accessed, while digital bank accounts and cryptocurrencies are treated as traditional patrimonial assets, which can be included in the inventory and transferred to heirs. These decisions help create clear criteria so that lawyers and family members know how to proceed.

Digital administrator: definition, function, and impact

The digital administrator is the figure proposed to manage and organize the digital assets of a deceased person. Their function is to ensure that accounts, documents, and digital assets are correctly inventoried and transferred, respecting current legislation and the privacy of the deceased.

This position arises as a practical response to the challenges identified by the STJ, bringing legal security and transparency to the digital succession process.

The creation of the digital administrator brings important consequences. It can reduce family conflicts, protect sensitive data, and prevent the loss of valuable digital assets, such as cryptocurrencies and paid service accounts. Furthermore, it strengthens the modernization trend of succession law, recognizing that digital life is part of a person's heritage and requires specific regulation.

This combined approach, combining STJ decisions and the figure of the digital administrator, allows inventories of digital assets to be handled in a more structured, secure, and aligned manner with the contemporary needs of digital society.

Limits and applicability of the LGPD in post-mortem cases

The LGPD protects the data of living individuals, but its reach after death still raises questions. The data of deceased individuals is not directly included in the law, which forces heirs to turn to the Civil Code to define rights over digital accounts, emails, cloud documents, and social media profiles.

The ANPD advises that, even after death, the privacy and integrity of sensitive information must be respected. Heirs can access certain digital assets, but they do not have unrestricted freedom to exploit personal data without legal backing or judicial authorization.

The main challenge is balancing the heirs' right to access with the protection of privacy, avoiding family conflicts and ensuring digital ethics. Documenting which data can be accessed and transferred helps make this process clearer and safer.

The ANPD's position on data of deceased individuals

The ANPD has positioned itself regarding the processing of data of deceased individuals, highlighting that the LGPD does not directly cover this information. Even so, it recommends that family members and heirs respect the privacy and integrity of sensitive data, avoiding unauthorized access or use.

The authority suggests that decisions regarding digital accounts, emails, and cloud files consider both the rights of heirs and the protection of the deceased's digital memory. This creates clear boundaries for the use of personal information after death.

This positioning helps guide digital inventory practices and the succession of virtual assets, offering an ethical and legal framework for families, lawyers, and information security professionals.

Social media and the challenge of digital succession

Social media networks like Instagram, Facebook, and Twitter have become part of anyone's digital heritage, but the succession of these profiles still faces legal and practical challenges. Each platform has its own rules for memorialization or deletion of accounts, and heirs often do not have access to passwords.

The challenge goes beyond access: it involves deciding how to handle posts, photos, and private messages, preserving the deceased's digital memory and avoiding family conflicts. Digital recollection or clear instructions on accounts can facilitate this process.

Information security professionals and lawyers recommend that families document which profiles should be kept, memorialized, or closed, ensuring that digital succession is organized and secure.

Cryptocurrencies, digital wallets, and the complexity of virtual inheritance

Cryptocurrencies and digital wallets represent one of the biggest challenges in digital inheritance. Without access to private keys, assets can become inaccessible, even to legal heirs. Unlike social media accounts, there are no internal tools for automatic transfer.

Planning access and recording clear instructions about passwords and private keys is essential to avoid financial losses. Professionals recommend using secure digital vaults or wills that include specific guidelines on these assets.

The complexity of cryptocurrencies highlights the need to combine technical knowledge with legal planning, ensuring that these digital assets are correctly incorporated into the inheritance and respect both legal rights and digital security.

The future of regulation and possible paths for Brazil

The regulation of digital inheritance is still under development in Brazil, and current debates indicate that changes are inevitable in the coming years. With the increase in the digitalization of daily life, it becomes increasingly important for laws and regulations to cover not only digital financial assets, but also social media accounts, cloud files, emails, and other digital assets.

Experts point out that instruments such as digital inventories, digital wills, and the figure of the digital administrator must be incorporated into legislation, offering legal security for heirs and protecting the privacy of the deceased. Furthermore, there is an expectation that the STJ will continue to establish precedents that guide judicial decisions and define clear limits on the access and use of digital information.

The trend is for Brazil to follow international models, such as those adopted in some US states and the European Union, which combine data protection with digital succession rules. A clear regulatory framework will help reduce family conflicts, preserve the digital memory of deceased individuals, and integrate virtual assets in an organized manner into the inheritance, ensuring that digital heritage is treated with the same attention as traditional assets.

Stay up to date with digital inheritance news

The universe of digital inheritance is in constant transformation, between judicial decisions, new LGPD rules, and technological innovations that directly impact how we protect our data and digital heritage.

To avoid falling behind and to ensure that you and your family are prepared, it is essential to stay updated on trends, legislation, and best practices in this field.

Continue following CodeBlog and stay informed to plan securely and never lose control of your digital heritage.