We understand that dealing with the loss of a loved one is a difficult and emotional time. Our goal is to make accessing and distributing the funds as simple and stress-free as possible for the deceased’s loved ones and rightful heirs.
Swan holds no assets for clients, but rather provides technology solutions and white glove service for access to funds held with a regulated financial institution such as BitGo Trust, Bakkt, or Equity Trust (each a “custodian”), depending on your account type. In most cases, the account holder would have executed a direct terms of service agreement with such a custodian when creating their Swan account. In certain cases, if a previous custodian resigned their custodial duties and passed the assets for safeguarding to another regulated custodian, the account holder received an email notifying them of this change. In any case, the account holder will have an individually named account with a custodian, holding the account holder’s assets.
If you inherit or become entitled to assets Bitcoin held in a custodial account accessible at Swan, please contact us immediately. Ownership transfers are governed by state and national intestate laws or, if applicable, the deceased’s estate plan. Swan isn’t the final decision maker of funds distribution, because it does not hold funds. We work as a service provider to guide you in providing the appropriate documentation to the custodian in order to process an account transfer for a deceased account holder. The legal procedure for acquiring access to a deceased person’s assets is complicated, and the custodian may require significant documentary evidence. We appreciate your patience.
The executor of the estate, the trustee, or the legal successor must contact us by submitting a request. Our team will walk them through every step of the process, which typically includes:
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Providing legal documentation:
- A certified copy of the death certificate.
- Letters of Testamentary OR Court/Legal Documents noting the Executor of the Estate (dated within the last 6 months).
- Affidavit of Domicile.
- Trust documents (if applicable).
- Identification and contact information for the executor, trustee, or legal successor.
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Verifying the legal authority of the executor, trustee, or successor:
- The custodian will review the provided documentation to confirm the individual's legal authority to access the funds. The custodian may ask for additional documentation as may be required by law or its procedures.
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Transferring the funds:
- Swan will relay your instructions to the custodian to help you transfer the funds to the designated beneficiary or the estate (in accordance with applicable laws).
Please note that the specific requirements and process may vary depending on the jurisdiction and the individual circumstances of the estate. Swan's team will provide guidance and support throughout the process to ensure a smooth transfer of funds to the rightful beneficiaries.
In the event that you run into any issues with this process, you are welcome to contact the custodian holding the funds directly.