[WSBAPT] Phone Passcode Question

[Andrekita Silva]

Law Office of F. Andrekita Silva
______________________________________________________________________________________________________________________________

July 27, 2026

Jordan,

If person A died, and person B is their spouse, unless there was a Will 
saying otherwise,
then wouldn't person B receives all community property?  Wouldn't Person 
B now own the phone?

Is there real property or other titled property that needs to have the 
title changed from the community to the surviving spouse.
If assets are under $100K you can use the small estate affidavit.

This all seems like alot of trouble if it is JUST for a 7 year old cell 
phone.

But, I assume that person B, surviving spouse, could take the deceased 
spouses death certficate and small estate affidavit to the phone 
manufacturer's customer support to get them to unlock the phone. I 
assume customer support would want to know that person B is the rightful 
heir.

I love to know if you get this phone up and running again.

Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com

On 2026/07/27 03:30 PM, Jordan Kostelyk wrote:

> 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
> Website: https://everlastinglegalsolutions.com/
> 
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