Estate planning as a Upwork account holder

Upwork is a freelance marketplace where clients pay freelancers through escrow services provided by Payment Escrow Inc. (formerly Upwork Escrow Inc.). A freelancer's earnings move through stages before they can be withdrawn: work in progress, in review, pending (a five-day security period after the client approves payment), and available. At a freelancer's death the account can hold an available balance, pending earnings, hourly hours still in review, and open contracts with clients. Upwork publishes a process for an executor to collect funds owed to a deceased freelancer: legal documents go to Upwork Legal, and on approval Upwork closes the account and distributes the funds through the freelancer's previously designated payment method. Money a client has deposited on a fixed-price milestone the freelancer has not completed is a different matter: under Upwork's escrow instructions it returns to the client when the contract ends without a release. The account is limited to one per person and cannot be assigned without Upwork's consent, and the Job Success Score and profile end with the account.

Upwork Global LLC (escrow services by Payment Escrow Inc.) reviews transfer requests for Upwork balance on a case-by-case basis after the account holder's death. Approval is at the company's sole discretion, and documentation requirements must be met before any transfer is considered.

What happens at death

Upwork publishes "Collect funds for a deceased freelancer's estate." To collect money owed to a deceased freelancer, the executor sends all of the following to Upwork by email (legalnotices@upwork.com) or mail (Upwork, Attn: Legal, 3490 S 4400 W #70008, West Valley City, UT 84120): a letter stating the freelancer is deceased and the executor wants to close the freelancer's Upwork account; a copy of the death certificate; a copy of the will or a legal document identifying the requestor as executor (Upwork states a probate court order is preferred); and a copy of the executor's photo ID. Upwork asks for at least seven business days to review. Upon approval it closes the account and distributes all funds in the account via the freelancer's previously designated payment method (ACH, Direct to Local Bank, PayPal, Payoneer, etc.); the executor then collects the funds from that payment vendor. The same article states Upwork can contact the deceased's clients or hired freelancers on the estate's behalf (the official death certificate is required), and can move funds to a different withdrawal method on receipt of the official death certificate, proof of beneficiary status, and the requester's identification. What counts as the freelancer's money depends on the stage: earnings that clients have approved become available after a five-day security period, while funds a client deposited on a fixed-price milestone that was never submitted or released remain the client's under the Fixed Price Service Contract Escrow Instructions (§ 4.4.1: when a freelancer ends a contract, all funds held in escrow on it are released to the client; § 4.3: a dormant contract with no action defaults to release to the client). The account itself is not transferable: User Agreement § 15.3 states that "No other assignments are valid without Upwork's prior written consent" and "Any other attempted transfer or assignment will be null and void," and § 1.4 limits each person to one Account.

Frequently asked questions