Can Bitcoin and crypto assets be inherited in Peru?

Potentially yes. Article 660 of the Peruvian Civil Code provides that, from the moment of death, the assets, rights and obligations that constitute the estate are transmitted to the successors.

The Peruvian Civil Code does not establish a separate succession category specifically for Bitcoin, Ethereum, stablecoins or other crypto assets.

The legal analysis therefore begins by asking whether the deceased had a transmissible patrimonial position in relation to the digital asset.

That may involve Bitcoin held in self-custody, balances maintained with an exchange, tokens held through another custodial structure or other digital assets with economic value.

Does being an heir automatically provide access to a Bitcoin wallet?

No. Legal entitlement and cryptographic control are different concepts.

A will, a declaration of heirs or another succession instrument may establish who has inheritance rights.

It does not create a private key, regenerate a seed phrase, unlock a hardware wallet or alter the technical rules of a multisignature arrangement.

What happens if the crypto owner died without a will?

If intestate succession applies, the heirs must first be legally determined through the appropriate succession procedure. The existence of Bitcoin does not replace the need to establish who the successors are.

In Peru, intestate succession may proceed through the legally applicable notarial or judicial route depending on the circumstances.

Once the heirs have been established, a separate question remains: which crypto assets belonged to the deceased and how can they lawfully be recovered?

What happens if the deceased left a will covering Bitcoin or crypto?

The will must be reviewed together with the applicable succession law and the actual custody structure. A testamentary provision may establish rights to an asset, but it does not itself perform an on-chain transfer.

Depending on the case, the will may contain an institution of heirs, legacies, executor provisions or other testamentary arrangements relevant to the digital assets.

SUNARP's regulations recognize, among other testamentary matters, institutions of heirs or legatees and the appointment and powers of an executor as registrable testamentary provisions.

How can heirs prove that Bitcoin belonged to the deceased?

Crypto ownership may require combining succession documents with financial, contractual and technical evidence. A blockchain does not ordinarily identify the natural person behind an address by name.

Depending on the circumstances, relevant evidence may include:

Does all crypto controlled by a deceased spouse automatically enter the estate?

Not necessarily. Matrimonial property rights may need to be determined before deciding what portion of the crypto actually belonged to the deceased and therefore enters the estate.

A wallet controlled by one spouse may contain assets acquired at different times, using different sources of funds or under different matrimonial property circumstances.

Technical control over the wallet does not, by itself, establish that every asset inside it belonged exclusively to the deceased spouse.

What changes if the crypto was held on an exchange instead of a self-custody wallet?

The custody architecture can completely change the recovery strategy. An exchange provides an intermediary and usually a contractual process; self-custody may leave no intermediary capable of resetting access.

What happens if nobody knows the seed phrase or private key?

A legal inheritance right may exist even when no known technical method exists to recover the crypto asset.

Before concluding that a self-custody wallet is inaccessible, the legally authorized persons may need to determine whether there are:

• lawfully available backups;
• hardware devices;
• multisignature arrangements;
• custodial services;
• recovery instructions prepared by the deceased;
• or another technical recovery mechanism inherent in the structure used.

If no technically viable recovery method exists for a self-custody wallet, the crypto may remain materially inaccessible even though the succession right continues to exist as a legal matter.

Which succession law applies if the crypto owner lived outside Peru?

From the perspective of Peruvian private international law, Article 2100 of the Civil Code provides that succession is governed by the law of the deceased's last domicile, regardless of where the assets are located.

This rule is especially important for Bitcoin inheritance because crypto estates frequently cross several jurisdictions.

For example, the deceased may have:

• lived in the United States or Europe;
• held Peruvian nationality;
• had heirs in several countries;
• used an exchange incorporated in another jurisdiction;
• held traditional assets in Peru;
• and controlled decentralized wallets without an obvious physical location.

What should heirs do first after discovering Bitcoin or crypto assets?

The first objective should usually be to preserve evidence and establish legal authority before transferring the assets.

What can a Peruvian lawyer do in a crypto inheritance matter?

The legal role should be distinguished from cryptographic recovery. Peruvian counsel can analyze succession rights, ownership, matrimonial property, applicable law, Peruvian documentation and the legal strategy for acts that must produce effects in Peru.

Depending on the matter, the work may include:

Can Alberto Miranda Abogados assist foreign lawyers with a Peru crypto estate?

Yes, when the matter requires analysis of Peruvian law or legal coordination in Peru. The Peruvian-law work can be separated from the probate, succession or litigation being handled by foreign counsel in another jurisdiction.