Jul 5, 2026
Death creates an enormous administrative burden for loved ones, with those left behind coping with a huge list of tasks like obtaining a death certificate, notifying Social Security and other government offices of the death, closing accounts, handling life insurance claims and going through probate to get property distributed and the estate settled.
In today’s digital world, there are also other online tasks to handle. In some cases, you may need to get access to an iPad, iPhone or other devices to access critical financial records.
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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.
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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.
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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.
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“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.
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A court order can get a personal representative access to the information in an Apple Account*,* but a password-protected device can’t be unlocked or accessed without the password, even by Apple, unless the data is erased.
Situations like this can be avoided with advanced planning
While it’s too late for Jacob to have an easy pathway to access his dad’s device, others can take heed and ensure their own loved ones can access their digital devices as needed.
Apple allows you to set up a legacy contact, a designated individual who can access your account after you die. Apple will provide you with an access key to give to your chosen beneficiary.
Upon your death, that designated person will provide your death certificate to obtain the access key. Then they will be able to access data stored in your Apple Account, including pictures, messages, files, notes and device backups. Again, this will not open a password-protected device without erasing the data. It just provides Apple Account access.
Using a legacy contact and similar tools offered by other online companies can save surviving family members the headache that Jacob is facing.
As for him, he’ll need to obtain that court order if he wants to access his dad’s Apple account. Unless he comes across the iPad password, getting into that device at all without erasing the data is not happening.
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Christy Bieber has 15 years of experience as a personal finance and legal writer. She has written for many publications including Forbes, Kilplinger, CNN, WSJ, Credit Karma, Insurify and more.
