[WSBAPT] Phone Passcode Question

[Heather de Vrieze]

I’m confused. Who has the passcode to this ancient (more than 7 year old) technology, and who is trying to get it? And why is this coming up so long after the death and the gift?

Heather S. de Vrieze
(she/her)
Attorney-at-Law
[cid:image001.jpg at 01DD1DE0.5766AF10]
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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Jordan Kostelyk
Sent: Monday, July 27, 2026 3:30 PM
To: WSBAPT at lists.wsbarppt.com
Subject: [WSBAPT] Phone Passcode Question

Hello all,

I have a complicated fact pattern question. A person's parent passed away 7 years ago intestate. After they passed the spouse gave the adult child personal property of the deceased (including the cell phone). There is an issue, the adult child does not have the passcode to the phone and cannot get it.

No probate has ever been opened. A small estate affidavit may be an option, but what would happen if the phone was community property? Would the passcode also be considered community property even though the phone itself was already given to the adult child by surviving spouse?

Thank you,
Jordan

(Ms.) Jordan D. Kostelyk, Esq.

Tel: 425-244-5196
Email: jordan at everlastinglegalsolutions.com<mailto:jordankostelykatlaw at gmail.com>
Website: https://everlastinglegalsolutions.com/

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