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Cryptocurrency estate planning in Texas
Shawn McCammon
Shawn McCammon
Attorney at Law

Shawn McCammon is the founder and managing shareholder of McCammon Law. Shawn has been practicing for over 20 years, starting off in litigation before working in-house as a corporate attorney, and finally opening his own firm in 2009.

Learn More About Shawn

How to Include Cryptocurrency and NFTs in a Texas Estate Plan Without Losing Access or Value

November 18, 2025
Learn how Texans can safeguard cryptocurrency and NFTs in their estate plans without compromising access or value. Learn practical strategies from McCammon Law, P.C.

Digital assets are redefining how Texans think about wealth. From Bitcoin to NFTs, online portfolios can hold significant financial value—but they can also disappear overnight if not adequately planned for.

If you live in Boerne, TX, or nearby San Antonio or Kerrville, you likely know someone who owns cryptocurrency but hasn’t yet included it in their estate plan. The challenge? Unlike traditional property, these assets don’t have deeds or account numbers. Access depends entirely on passwords, encryption, and private keys.

Without the proper legal framework, even family members who inherit your crypto may never be able to use it. That’s why cryptocurrency estate planning in Texas has become one of the most critical steps in modern asset protection.

In this guide, you’ll learn how to safely include your digital assets in your estate plan—without risking loss of access, value, or privacy.

Texas has become one of the fastest-growing states in terms of cryptocurrency ownership. A 2024 Pew Research report found that nearly one in five U.S. adults has invested in digital assets, a trend that is particularly notable in Texas’s tech-forward communities.

But when it comes to inheritance, digital assets pose unique legal challenges. Under the Texas Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), your executor can only manage digital property if you explicitly authorize access in your will or trust.

That means if your estate planning attorney in Boerne, TX, doesn’t include digital clauses, your heirs may be unable to access valuable digital assets without proper legal planning.

Key digital assets you should include:

  • Cryptocurrency (Bitcoin, Ethereum, stablecoins)
  • NFTs or tokenized digital art
  • Domain names and online businesses
  • Cloud storage accounts and monetized social media profiles

Adding these items to your plan ensures they’re treated like any other property under Texas law.

How to Include Cryptocurrency and NFTs in Your Estate Plan

Creating a digital inheritance strategy starts with structure and security. Here’s how to protect your assets step by step:

1. Document Your Digital Holdings

List every asset you own, wallet addresses, NFT platforms, and exchange accounts. Store this record securely offline, such as in a password manager or encrypted file.

2. Authorize Your Executor to Manage Digital Assets

A trust administration lawyer in Boerne can help you authorize your executor or trustee to manage digital assets under Texas law. This person manages your crypto, NFTs, and online assets after your passing, in accordance with the laws governing digital estate planning in Texas. 

Without a clear succession plan, heirs may be unable to access or transfer these assets even if they are aware of their existence. Under the Texas Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA),

Executors only gain digital access if authorized in your estate documents.

A trust administration lawyer in Boerne can include these permissions directly in your will or trust to ensure no part of your estate is lost in cyberspace.

4. Secure Storage and Transfer

Never include private keys in your will. Instead:

  • Use a sealed letter or an offline vault for instructions.
  • Store wallet details separately from access credentials.
  • Keep backup recovery phrases updated and protected.

Discuss these security methods with your estate planning attorney to ensure they align with your overall plan and meet legal standards.

For additional insight on this evolving area, read our comprehensive pillar blog, The Future of Estate Planning in Texas — Modern Laws, Digital Assets, and Changing Families, where we explore how digital tools are transforming estate law.

LLCs and Trusts for Long-Term Crypto Protection

Some investors in Boerne and San Antonio use business entities or trusts to manage their crypto holdings.

LLC Planning

Creating an LLC for digital assets helps separate crypto from personal property and clarify ownership. It can simplify ownership transfer and reduce potential disputes.

Trust Planning

A will and trust attorney in New Braunfels, TX & Boerne can help you establish a revocable or irrevocable trust that:

  • Protects your private information
  • Avoids public probate
  • Allows a trustee to access your crypto safely

Trusts are constructive for NFT creators and investors who want to maintain privacy while creating a smooth inheritance process.

Avoiding Common Mistakes in Crypto Estate Planning

Even seasoned investors make errors that can permanently erase value. Here’s what to avoid:

  • Losing keys or passwords: Without backup access, your crypto is unrecoverable.
  • Relying on online exchanges: If an exchange shuts down, assets may vanish.
  • Failing to update records: New wallets and NFTs need to be added regularly.
  • Not informing your attorney: Keep your estate planning attorney in San Antonio aware of all updates to avoid missing assets during probate.

When Probate Comes Into Play

If digital assets aren’t included in a will or trust, they may become part of the probate process—an expensive and time-consuming outcome.

Texas probate courts can’t unlock digital wallets without legal authorization. That’s why consulting a reliable estate planning attorney near you, in Texas, early on prevents future complications.

Learn more about how probate works for both traditional and digital estates by visiting our Probate Estate Administration resource page.

Are You Confident Your Crypto Will Reach the Right Hands?

Digital assets can proliferate—but without a plan, they can easily be lost or forgotten.

Working with an experienced estate planning attorney in Boerne helps ensure your crypto, NFTs, and other online assets are clearly defined, securely stored, and legally transferable.

Start planning your next move today. Schedule an initial call with McCammon Law, P.C., to build a future-ready estate plan that protects every part of your legacy.

You can also register for our Free Estate Planning Webinar to learn how digital assets, LLCs, and trusts fit into Texas estate planning.

Your online wealth deserves the same protection as everything you’ve worked for—don’t let it disappear into the blockchain.

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Boerne, TX 78006

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Boerne, TX 78006

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