Part 1: Digital Legacy and Locked Phones: What To Do When You Can’t Get In

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In today’s digital age, our phones, tablets, and computers hold our lives. From photos and videos to banking apps and email, the cell phone has become the hub of our memories, our finances, and our communication. But what happens when a loved one passes away and you don’t have legal access to the device(s)?

This is a painful reality many families face. You want to see their photos, cancel subscriptions, or manage accounts, but the device is locked. Companies like Apple and Google treat these devices like Fort Knox — and for good reason. Strong encryption protects your information while you’re alive, but it also makes access nearly impossible without planning ahead.

So, if you’re already locked out, what can you do?

1. Check for a Legacy Contact

Some tech companies now allow account owners to designate a “legacy contact” before death.

If no legacy contact exists, you won’t be able to request access directly.

2. Look for Backups

Even if the phone itself is locked, there may still be backups available. Once you have the legal authority to do so, you should check:

  • iCloud or Google Photos accounts linked to the device
  • Dropbox, OneDrive, or external drives your loved one may have used
  • Shared albums with family or friends

Sometimes, the memories you’re looking for are saved outside the device itself.

3. Contact the Provider

This is where it gets complicated. Apple, Google, and other tech companies may allow access to data, but not the device itself. They typically require:

  • A death certificate;
  • Proof of authority (such as Letters Testamentary if you’re the executor); and
  • Often, a court order that specifically names the account

Even then, companies may only release certain data (photos, email, or documents) and not unlock the phone.

4. Seek Legal Help

If the locked device contains information tied to financial accounts, businesses, or estate administration, you may need a probate or estate attorney. Courts can sometimes issue specific orders compelling companies to release data, though success varies depending on the provider and the circumstances.

5. Accept the Limits

It’s a tough truth, but not everything can be recovered. If there’s no backup, no legacy contact, and no legal order that meets a company’s requirements, the data may be gone for good. Encryption is designed to be unbreakable, which protects privacy — but it can also create heartbreaking roadblocks for families.

Why This Matters

Being locked out of a loved one’s phone isn’t just frustrating. It can mean losing family photos forever, paying for subscriptions that are impossible to cancel, or struggling to close online accounts. That’s why addressing your digital legacy is just as important as planning for your home, your bank accounts, or your will. In Part 2, we’ll cover how to prepare before it’s too late — including legacy contacts, password managers, and how to integrate your digital life into your estate plan.