You worked hard for your music. The last thing you want is for your royalties to disappear or fall into the wrong hands once you’re gone. Musicians from Prince to Tupac—and even lesser-known writers—often leave behind unanswered questions about their music estates. Whether you’re an independent artist or a seasoned pro, understanding what happens to your royalties after you die isn’t just about money. It’s about securing your legacy and making sure the right people benefit from your life’s work.
How Music Royalties Work After Death
Music royalties don’t automatically stop when you pass away. In many cases, your songs can continue earning for decades—sometimes much longer. But where those earnings go depends on the structure of your estate, your legal documents, and the organizations managing your rights.
Types of Royalties That Continue After Death
Most musicians generate several streams of royalty income, including:
- Performance royalties: Paid when your music is played on radio, live, or in public venues.
- Mechanical royalties: Generated from physical and digital sales or streams.
- Sync royalties: Paid when your music is licensed for TV, film, or ads.
After your death, these royalties are considered intellectual property and become part of your estate.
Who Gets Your Royalties? Heirs and the Artist Will
By default, copyrights and any associated royalty streams are treated as property—just like a car or a house. If you have a will, your royalties are disbursed according to your wishes. If you don’t, the state decides who benefits under local inheritance laws (known as intestate succession). That could mean your royalties end up with relatives you barely know, not the people or causes you intended.
The Importance of a Will for Musicians
Having a clear, legally valid will is the most direct way to control who receives your royalties after you die. In your will, you can name specific heirs—your spouse, children, family, friends, or even a charity—to benefit from the legacy income of your music.
Example:
When David Bowie died in 2016, his will specifically detailed the distribution of his music estate. His heirs were able to inherit his royalty income based on clear instructions, avoiding most legal disputes.
What Happens Without a Will?
No will means probate—a legal process that can be slow, expensive, and stressful for your loved ones. The court appoints an administrator and divides your royalties according to a formula, which could result in unwanted outcomes.
How to Structure Your Music Estate
The key to securing posthumous royalties is getting your music estate documents in order.
1. Catalog Your Works
Make a thorough list of all your compositions, recordings, publishing deals, and any royalty accounts (like PROs, MROs, digital distributors, and sync libraries).
2. Assign Beneficiaries
Work with an estate attorney to update your will or set up a trust. Trusts can offer privacy, help heirs avoid probate, and ensure more direct control of royalty distribution.
3. Notify Rights Organizations
Inform your Performing Rights Organization (ASCAP, BMI, SESAC, SOCAN, etc.), mechanical royalty collectors, and all relevant agencies of your chosen beneficiaries. Many of these agencies allow you to officially name heirs for your account.
4. Keep Records Updated
Royalties don’t care if your contact info changes. Make sure everything—names, addresses, legal contacts—is up to date with each rights holder and distributor. Outdated accounts can result in unclaimed royalties that disappear into the system.
Special Considerations for Heirs to Royalties
Not everyone receiving royalties will understand the business. If your heirs aren’t already in the music industry, leave clear instructions about:
- Who your current administrators are (lawyers, agents, managers)
- How to access royalty accounts and portals
- Contact information for your key organizations
- Expected sources of income and how often they pay
You might even consider appointing a royalty manager or business advisor to guide your heirs initially.
Example:
The estate of Prince faced years of legal battles and confusion because he left no will, and his music assets were complex. Millions in posthumous royalties took years to be distributed, highlighting how planning ahead can spare your heirs confusion and financial loss.
How Long Do Music Royalties Last After Death?
In the U.S., copyright on compositions lasts for 70 years after the creator’s death, thanks to the Copyright Term Extension Act. In other countries, the term may vary—sometimes longer or shorter. For recordings (sound recordings), the duration may be different than compositions and should be checked country-by-country.
This means your heirs can receive legacy income from your music for generations, provided they maintain the necessary registrations and administration.
Keeping Your Legacy Alive
Artists like Bob Marley, Jimi Hendrix, and Aretha Franklin earn more from royalties after death than during their lifetimes. But these estates are only successful because someone maintained the rights and managed the business. Your legacy income continues only as long as the estate is handled well.
Steps to Take Right Now
- Draft or Update Your Will: Include explicit instructions about music rights and royalties.
- Inventory Your Music Assets: List every song, release, and rights account you control.
- Appoint Trusted Heirs or Advisors: Make sure the right people are in place and know their responsibilities.
- Communicate Your Wishes: Tell your family, business partners, and legal advisors where all relevant documents are kept.
Essential Takeaways for Musicians
- Your royalties are assets that can benefit your heirs long after you’re gone—if you plan properly.
- Without a will, state laws decide who inherits your legacy income, which can lead to disputes and delays.
- Work with professionals (estate attorneys, music business advisors) to make sure your intentions are honored and your music estate is secure.
- Proactive organization now saves your heirs heartache, legal bills, and the risk of your music royalties fading away.
The artistry lives forever—but only if you lay the legal and administrative foundation today.
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