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💻 Digital estate

Accounts, data and online contracts are part of the estate like any other asset – the Federal Court of Justice settled this at the highest level in 2018.

Digital estate Universal succession BGH Facebook ruling User contract Online accounts

In brief

Accounts on social networks, e-mail mailboxes, cloud storage and online contracts pass automatically to the heirs like the rest of the estate (§ 1922 BGB). In a widely noted ruling in 2018, the Federal Court of Justice decided that heirs are entitled to access the Facebook account of a deceased person – the user contract passes to the community of heirs like other contracts.

In practice, it is important to know: death does not automatically end paid contracts (streaming subscriptions, cloud storage, mobile phone) – heirs must actively cancel, otherwise costs continue.

Step by step

  1. Get an overviewWhich accounts, contracts and subscriptions were there? The e-mail mailbox is often the key to many other services and should be secured first.
  2. Contact providersInform providers of the death and present proof of heirship (death certificate, if necessary certificate of inheritance).
  3. Cancel ongoing contractsActively cancel paid subscriptions (streaming, cloud, mobile phone, online banking).
  4. Clarify how to handle social networksRequest deletion, memorialisation or handover to the heirs, depending on the family's wishes and the options of the respective provider.
  5. Secure access dataSecure passwords and access before devices are locked or contracts end automatically.

Deadlines

no separate statutory deadline
There is no separate deadline regime for the digital estate itself; contractual notice periods for subscriptions continue to apply unchanged, and the general deadline for disclaiming an inheritance also applies where digital assets are part of an overindebtedness check§ 1944 BGB applies in addition
Watch out – common mistakes
  • Death does not automatically end a contract (e.g. a streaming subscription) – heirs must actively cancel, otherwise costs continue.
  • A standard-terms clause that excludes heirs across the board from accessing an account is, according to the 2018 BGH case law, generally invalid.
  • Providers react differently: some require a certificate of inheritance, others accept the death certificate – if in doubt, ask the respective support service.
  • Without stored access data or a power of attorney, access to encrypted devices (e.g. a locked smartphone) can be practically difficult, even if there is a legal entitlement.
In depth · legal basis, figures and practice – for advisers and professionals

BGH ruling of 12 July 2018 (III ZR 183/17)

In the so-called "Facebook inheritance case", the Federal Court of Justice decided that the user contract with a social network passes to the heirs by way of universal succession (§ 1922 BGB) – just as a contract concerning a diary or letters would be inherited "in analogue form". The heirs are therefore in principle entitled to access the communication content stored in the account. The BGH rejected both the objection of the post-mortem personality rights of third parties (the chat partners) and the objection of telecommunications secrecy, as the heirs step into the legal position of the deceased person.

Voluntary additional services of providers

Features such as a "memorialised state" on Facebook or a "legacy contact" at Google are voluntary additional services of the respective providers. They can be helpful, but do not replace the heirs' statutory entitlement under § 1922 BGB and the BGH case law.

Who is responsible
  • The respective service provider (private law)
  • In case of dispute, the civil courts
Further reading
Estate and inheritance: the basicsDisclaiming an inheritance and its deadlines

Quick questions

Worum geht es bei „Digital estate“?
Accounts, data and online contracts are part of the estate like any other asset – the Federal Court of Justice settled this at the highest level in 2018.
Which deadlines and figures matter?
no separate statutory deadline: There is no separate deadline regime for the digital estate itself; contractual notice periods for subscriptions continue to apply unchanged, and the general deadline for disclaiming an inheritance also applies where digital assets are part of an overindebtedness check (§ 1944 BGB applies in addition)
What should I do first?
  • Get an overview: Which accounts, contracts and subscriptions were there? The e-mail mailbox is often the key to many other services and should be secured first.
  • Contact providers: Inform providers of the death and present proof of heirship (death certificate, if necessary certificate of inheritance).
  • Cancel ongoing contracts: Actively cancel paid subscriptions (streaming, cloud, mobile phone, online banking).
What do I need to watch out for?
  • Death does not automatically end a contract (e.g. a streaming subscription) – heirs must actively cancel, otherwise costs continue.
  • A standard-terms clause that excludes heirs across the board from accessing an account is, according to the 2018 BGH case law, generally invalid.
  • Providers react differently: some require a certificate of inheritance, others accept the death certificate – if in doubt, ask the respective support service.
Evidence
  • § 1922 BGB (gesetze-im-internet.de)
  • BGH, judgment of 12 July 2018, Az. III ZR 183/17
As of

As of September 2026. · Sources and method

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