[WSBAPT] Phone Passcode Question

[Jordan Kostelyk]

Ooops lol! That should have read "Would small estate work without the surviving spouse involved other than providing notice?"

> On 07/28/2026 8:01 AM PDT Jordan Kostelyk <jordan at everlastinglegalsolutions.com> wrote:
>  
>  
> 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/  
> > > 
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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.
> 
 
(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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