Apple and Google Account Management for Estate Planning

Recently, a client asked his probate lawyer (me) to assist him with getting access to his deceased brother’s Apple account so that he could download his brother’s pictures. The client had already been appointed as Independent Executor of his brother’s estate by a Texas Statutory Probate Court, with the authority to fully administer the estate. After discussing the issue with Apple customer support, it became readily apparent that this would be a difficult task to handle on a cost-effective basis. Apple is well known for its strict privacy rules that prevent user data to be accessed. The problem in this instance is that the client and Independent Executor did not have his brother’s Apple ID. To grant access to a deceased account holder’s data, a Court Order that specifies the Apple ID of the decedent is required. The Letter Testamentary or Letter of Administration issued by the Court overseeing the probate case is not sufficient.

Upon learning this, Apple customer support was again contacted. This time the goal was simply to see if Apple would share the decedent’s Apple ID so that a Court Order fitting the requirements could be prepared. Apple provided the same response. They would only release such information if provided a Court Order that contains the Apple ID of the deceased. It became apparent that this would not be able to be resolved through Apple customer support. At this point, a subpoena was issued so that Apple would provide the needed information. Apple rejected this subpoena and again claimed that the Apple ID of the decedent was required for them to provide any access to the account. At this point, with legal fees associated with getting access to the account approaching the cost of a new iPhone, the client gave up and accepted that the cost of getting access to his brother’s data was cost prohibitive.

Through the process of researching this issue, it was discovered that Apple recently added something called a “Legacy Contact” for Apple accounts. Starting in iOS 15.2, iPadOS 15.2, and macOS 12.1, Apple users can identify a trusted individual who can be granted account access after the user’s death. This process will negate the need for expensive legal action to be taken to have access granted to the data of a deceased person. The following link can be used to learn the steps needed to add an Apple Legacy Contact: https://support.apple.com/en-us/102631#:~:text=About%20Legacy%20Contacts,Apple%20account%20after%20your%20death.

Google has its own method for granting access to a deceased user’s data. This is called an “Inactive Account Manager.” The Inactive Account Manager will have access to a Google account holder’s data that the user specifies, and only after a specific time of inactivity on the account. The instructions for setting up an Inactive Account Manager can be found through the following link: https://support.google.com/accounts/answer/3036546?sjid=6133647831703794006-NA.

Account holders and the people who assist them with end-of-life planning such as estate planning attorneys should be made aware of these tactics that can be used to grant access to digital accounts after the account holder’s death. The time and cost savings potential are quite large. The emotional cost savings is likely substantially higher. With the proper planning, loved ones who are left behind after your death can have access to treasured memories through your pictures, videos, and messages.

Article by Josh Wilson
Sprouse Shrader Smith PLLC
May 6, 2024