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What happens to your royalties when you die?

Arranging for book royalties to be paid after your death involves making preparations within your estate planning now. UK and US copyright lasts for 70 years after the author's death, so to ensure your beneficiaries continue to receive royalty income during this time, your copyright needs to be recognised as a transferable asset.

 

The simplest way to do this is to include it in your will by clearly naming who you wish to inherit your rights and royalties (e.g., spouse, children, a charity). If you die without a will, legal intestacy rules decide who gets your royalties, and this may not align with your personal wishes.


If you have several books in circulation, you may wish to appoint a named literary executor in your will. Where a standard executor manages your general estate, a literary executor is tasked to specifically manage your publishing contracts, collect

royalties and handle any licensing or foreign rights. Ideally, this person will be someone who is a literary agent, a publisher, or at least someone with a strong knowledge of the publishing industry. 


Whoever you choose, your executor will need to know what to manage. You should create a document to be stored with your will that includes: 


  • A list of all your published works, including titles, formats, ISBNs, and whether they were self-published or traditionally published.

  • Copies of any contracts with agents, publishers, or online retailers like Amazon KDP.

  • Login credentials for KDP or other platforms to allow for account updates. 


If you expect significant royalties, you can set up a Trust Fund now, via a solicitor, to manage the income. A Trust allows you to retain control over who receives income and can be used to manage royalties for future generations.


What happens after you die?


After your death, the nominated executor must notify your publisher, literary agent, or self-publishing platform (e.g., KDP) of your death. They may need to provide proof of a death certificate, the will, and proof of their authority (probate/letters of testamentary). From this information, the publisher will be able to update their records and direct any future payments to the specified beneficiaries. 


 

 

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