If a parent dies, their iPad may hold key financial records. Here’s why it takes a court order to gain access to it

That’s not always as easy as it seems. For example, let’s consider that Jacob’s father has passed away and all of his bank and investment account details are stored on his iPad. Jacob is trying to open the iPad but doesn’t know the password and has turned to Apple for help.

But he was told he needs a court order. Now, Jacob is left wondering why it’s so hard to get access to the account even with a copy of the death certificate. So, what’s the deal, and why is Apple asking for a judge to sign off?

Do you really need a court order to unlock an iPad?

First, Jacob is obviously frustrated about his needing a court order, but it is official policy. As

“For security reasons, Apple requires and verifies legal documentation before we can assist with a deceased person’s account,” Apple explains in its online support page. “This generally includes a death certificate and might also require a court order or other documentation.”

Apple also explains that while the rules vary by country, a court order is required in the U.S., and the person requesting the device to be unlocked must be listed on the court order as the rightful inheritor of a loved one’s device. Only then will Apple help.

Why is a court order required?

Although grieving loved ones may not appreciate it, Apple’s policy actually makes sense.

“While it can be frustrating, it’s important to understand that companies have a responsibility to protect users’ data stored on their devices even after they pass away,” explained Aimee Simpson, director of product marketing at Huntress, a cybersecurity company.

The reality is that digital data has real value and devices can contain sensitive personal information. It’s important to ensure it doesn’t fall into the wrong hands.

“This requirement is ultimately all about preventing unauthorized access,” Simpson said.

The law protects the user’s privacy

It’s also worth noting that Apple has legal obligations to fulfill, and requiring a court order is a part of that process.

“A federal statute called the Stored Communications Act bars companies like Apple from releasing the contents of someone’s account without either the user’s lawful consent or a court order,” explained Jonathan White, a Boston trust and estate attorney.

White also explained that many states have adopted the Revised Uniform Fiduciary Access to Digital Assets Act, which lets a personal representative of an estate access digital assets only if a will, other document or the court grants that access.

A court order still may not be enough

Unfortunately, Jacob may experience more unpleasantness. Even if he obtains a court order, he may be unable to get the data he wants.

As Opelon LLP partner Matt Odgers explained, Apple devices with passwords are encrypted.