How the Law Treats Digital Estates — What China's Civil Code Says and What Platforms Do
TimeWill Editorial · Updated 2026-06-24
Article 127 of China's Civil Code states that online virtual property is protected by law, and Article 1122 expands the definition of estate to all of a natural person's lawful property. This provides the overarching legal basis for digital asset inheritance. But whether a specific account can be inherited still depends on the platform's user agreement: property interests like account balances and crypto assets are closer to inheritable estate, while the right to use an account is often restricted by platform rules. The law recognizes digital assets, but in practice handling still depends on each platform's rules and the specifics of the case. Consult a lawyer for significant disputes.
Article 127 of China's Civil Code reads: "Where the law has provisions on the protection of data and online virtual property, such provisions shall apply." This sentence is the starting point for every discussion of digital estates. It affirms that digital assets are legally protected, but the phrase "such provisions shall apply" leaves a huge gap — exactly how they are protected is still waiting for judicial interpretation and supporting regulations.
What the Law Says (and What It Doesn't)
Article 127 roughly says three things: digital assets are protected, virtual property can be inherited, and specific rules await detailed regulations. What it doesn't say matters more: is a WeChat balance part of the estate or a platform balance? Is a QQ number property or a service license? Is an NFT art or data? There is no unified answer to these questions yet. It's not that the law refuses to protect — it's that the law hasn't caught up with the speed of the internet.
Actual Platform Policies — More Real Than the Law
The law is the floor, but what actually governs is each platform's user agreement. WeChat's user agreement states the account belongs to Tencent and the user only has a right of use. QQ can recycle inactive accounts. Alipay allows lawful inheritance of balances but requires a notarized certificate. Steam's user agreement explicitly prohibits account transfers. Twitter and Facebook offer memorial account options. The platform sets the rules; the law hasn't ruled yet.
What You Can Do While the Rules Are Still Unclear
Don't wait for the law to catch up — that could take years. The most practical move right now: encrypt all your account passwords and store them in TimeWill, with automatic handoff on a heartbeat trigger. No matter what year you die or how the law evolves, family can at least sign into your accounts — export the photos, transfer the balances. What the law can't give you, the password can.
FAQ
Q: Can digital assets be inherited by law if there is no will?
In theory, yes — Article 127 of the Civil Code recognizes virtual property, and Article 1122 brings digital assets within the scope of an estate. In practice it is harder: family does not know the accounts or passwords, and the platform does not know the user has passed away. Legal recognition is the prerequisite; whether inheritance actually happens depends on the platform's policy and whether family has any leads.
Q: Which digital assets does the law clearly protect?
Those with clear property value: account balances (WeChat, Alipay, banking apps), crypto assets, online stores, virtual goods, and platform revenue shares (such as a Douyin storefront). The right to use an account itself (a WeChat ID or QQ number) is not clearly supported for inheritance, because platform agreements usually state the account belongs to the platform.
Q: What if a dispute arises?
You can apply for a notarized inheritance certificate through a notary office, submit a family inheritance claim to the platform, or file a lawsuit if necessary. For significant assets, consult a lawyer and look at relevant rulings from local courts.