[WSBAPT] Phone Passcode Question

[Jordan Kostelyk]

Thank you for the responses.
 
It is the adult child who has the phone. The surviving spouse gave it to the adult child. The adult child had a lot of grief and was not able to attempt to get into the phone previously. 
 
As far as I know, no one has the passcode, but the deceased. Would small estate work without the deceased surviving spouse involved other than providing notice to the spouse?
 
There is nothing else in the estate that needs distribution. No will, and it has never been through probate. 

> On 07/27/2026 4:06 PM PDT Andrekita Silva <ak at seattle-silvalaw.com> wrote:
>  
>  
> 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 mailto: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 mailto:jordan at everlastinglegalsolutions.com
> >  Website: https://everlastinglegalsolutions.com/  
> > 
> >  This communication is confidential and may be subject to the
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(Ms.) Jordan D. Kostelyk, Esq.
 
Tel: 425-244-5196
Email: jordan at everlastinglegalsolutions.com mailto:jordankostelykatlaw at gmail.com
Website: https://everlastinglegalsolutions.com/ 
 
This communication is confidential and may be subject to the attorney-client privilege and/or is protected by the work product doctrine. It is intended only for the individual(s) designated herein and is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521.  If you are not the intended recipient, any dissemination, distribution, or copying of this communication is strictly prohibited.
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