Q: Can beneficiary transfer decedent's cryptocurrency in Ohio without court order?
I am handling an open probate case in Stark County, Ohio, where the decedent owned cryptocurrency at the time of death. The sole beneficiary, who is the decedent's only child, has the passwords needed to access the cryptocurrency, which is stored in a "cold wallet." Although the cryptocurrency wasn't specifically mentioned in the will, it has been included in the inventory, and Letters of Administration have been administered. The executor has been formally appointed. Can the beneficiary legally transfer the cryptocurrency into their own name, or is it necessary to file a motion and order with the probate court for authorization to transfer these assets?
A: Cryptocurrency is personal property subject to probate assuming no beneficiary designation, joint owner, or trust ownership. As administrator or executor, you have the power to take possession. As to "how" you take possession, I would recommend you speak with somebody familiar with cryptocurrency.
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