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Digital Legacy

Phones, laptops and what to do with the devices

The physical devices hold the keys to everything else, and what is done with them in the first days determines what can be recovered.

Two professionals analyzing data on laptops with colorful lighting, focusing on cybersecurity details.
Two professionals analyzing data on laptops with colorful lighting, focusing on cybersecurity details. · Photo via Pexels
Legal information notice. Educational information about planning — not legal advice. Read the full disclaimer.

The phone is the most important object in a modern estate, and it is the one most likely to be handled badly.

The critical instructions

Do not reset or wipe anything. A device that has been factory reset is definitively empty. This is irreversible and it happens, generally when someone tries to be helpful or when a device is passed on.

Do not let a device run out of battery and stay off if you can avoid it. Some devices require a passcode after a restart even where biometrics would otherwise work.

Do not repeatedly guess the passcode. Modern devices lock out after a number of failed attempts, and some can be configured to erase themselves.

Do not report the phone lost or stolen to a carrier or through a device-finding service, which may remotely lock it.

Do not cancel the mobile number immediately. It may be needed to receive two-factor authentication codes for other accounts.

Keeping the number active for several months is frequently worth the small cost.

If the device is unlocked or you have the passcode

Act while you can.

Disable the automatic lock or extend it, so the device does not lock while you work.

Retrieve what matters first. Photographs, videos, messages, notes, contacts.

Note the accounts. Installed applications reveal what services the person used. Email applications reveal accounts. Banking applications reveal institutions.

Retrieve two-factor authentication codes. Authenticator applications on the device are frequently the only way into other accounts. Note what is in them, or transfer them where the application permits.

Check saved passwords in the browser or the device's password manager.

Back up the entire device to a computer or to a drive, which preserves everything even if access is later lost.

Do this first, before anything else, since a complete backup can be examined at leisure.

If the device is locked

The realistic position is not encouraging.

Modern smartphones use strong encryption tied to the passcode. Manufacturers generally cannot and will not bypass it, including on production of a death certificate. This has been tested repeatedly, including in litigation.

What may still be possible:

Cloud backups. If the device backed up to a cloud service, the contents may be accessible through that account, which may be recoverable through the account provider's process.

This is frequently the route that works.

The provider's bereavement process, which some operating system vendors offer for accessing account data with appropriate documentation and, in some cases, a court order.

Legacy contact features, which some device ecosystems now offer, allowing a nominated person to request access to an account after death.

These require setting up in advance, and they are the reason to do so.

Commercial data recovery services. Be cautious. Many claiming to unlock modern devices cannot, and some are outright fraudulent. Never send a device to an unverified service.

Computers

Generally easier than phones.

Where the account password is unknown, the drive may still be readable if it is not encrypted — removing it and connecting it to another machine frequently works.

Where full disk encryption is enabled, and increasingly it is by default, the drive is not readable without the key. Recovery keys are sometimes stored in the user's cloud account, which may be accessible.

As with phones: do not reset, do not reinstall, and take a full copy of the drive before attempting anything.

What to look for on a computer

Documents, obviously. Photographs. The browser's saved passwords and bookmarks, which reveal accounts. Email applications with stored mail. Financial software. Any password manager.

Copy everything to an external drive before doing anything else.

Disposing of devices afterwards

Once the contents are retrieved, devices contain a great deal of personal data and should not simply be given away.

Sign out of all accounts before wiping, particularly account-lock features, which otherwise render the device unusable to anyone else.

Perform a factory reset after signing out.

For computers, wipe the drive properly or remove and destroy it. Deleting files does not remove them.

Consider whether to keep a device rather than disposing of it. Families frequently want to keep a phone, and there is no reason not to.

What to arrange in advance

The device passcode, written down somewhere your executor can find it. This single item is the most valuable digital preparation there is.

Legacy contact settings on the device ecosystem, where offered.

Regular backups to a computer or a drive, so that the contents exist somewhere other than the locked device.

An inventory noting what devices exist and where they are.

Legal rights to access a deceased person's devices and accounts differ by jurisdiction and by provider terms. Consult a qualified adviser where significant assets are involved.

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Daniel Krajewski
Estates Writer, Before Last Wish

Daniel writes about wills, probate and estate administration. He is not your lawyer, a point he makes roughly once per article, and means.

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