digital·inheritance

HomeSomeone has died

When a company says no

The documented request route, the 60-day clock, and the point at which this stops being a job you can do yourself.

LinkedIn accepts letters of administration, letters testamentary, letters of representation, or a court order. Wills, trusts, powers of attorney, identity documents, and screenshots all get turned away, whatever else they might prove.

A refusal like that reads as a rejection of the request, and it’s usually a rejection of the paperwork. The difference decides what you do next. One kind of refusal reopens as soon as the right document arrives, and the other needs a court. Telling them apart takes a slow reading of the exact words the company used when it wrote to you.

The state acts do put a clock on the company, and a documented request starts it. Disclosure is due within 60 days. The company keeps the right to demand a court order instead, so that clock is softer than it sounds.

Copy whatever is still reachable now. Save the photos and files while the argument runs, because deletion clocks keep running too.

A frozen account and a deleted account are different problems, and the second one has no appeal at all. Nothing here needs a password. Every route on this page runs on documents, and each of them works without anyone signing in to the account. The paperwork is slower than a login, and it leaves a record that a company’s own staff can check.

A refusal isn’t the end of the process, and the acts keep a slower route open behind it. The slower route runs through a court. Whether it’s worth taking, for one estate in one state, is a question for the lawyer handling it.

Read the refusal before you answer it

Two things get tangled up in nearly every refusal, and pulling them apart explains what happens next. Reporting a death is one thing. Almost anyone can do it, with an obituary or a death certificate, and no court has to be involved.

Acting for the estate is the other thing. The papers for that come from a court, in the executor’s name, and proof of death won’t substitute.

LinkedIn’s help page sets out the split in plain terms. Anyone may ask for a memorialized profile. Closing the account is limited to estate representatives, and closure deletes the data within 30 days. The documents it names are the court-issued kind, so a will on its own gets the request refused.

Refusals split the same way once you read them closely, and the wording usually names which kind it is. A missing document is the simpler kind. Sending the exact class of paper the company names usually reopens the request without any further argument.

A refusal on policy grounds is harder. Where a company cites federal privacy law, or its own terms, more paperwork rarely changes the answer.

Texas practitioner Gerry Beyer reports companies demanding court orders whatever authority a state act appears to give. The pattern isn’t limited to death. The Consumer Financial Protection Bureau reports institutions refusing valid powers of attorney and demanding their own forms instead. Both point the same way, because a company’s own process sets the real bar in front of the statute.

Instagram shows the same pattern inside one company, because freezing an account and deleting it ask for different papers. Proof of death freezes a profile. Deletion asks for a birth certificate, a death certificate, and proof of authority over the estate, per search-indexed copies of its help page.

What the model act gives, and what it withholds

A model act finished in 2015 sits behind most state digital-asset laws, and it governs what an executor can ask for. Louisiana and Massachusetts have adopted neither.

The count reached 47 states plus the District of Columbia by July 28, 2026, and Delaware kept an older act instead. The act sets an order of priority. A direction the person left in a platform’s own tool comes first, provided that tool could be changed at any time. A will, trust, or power of attorney comes next, and the terms of service govern when neither exists.

The act then splits what a company may hand over into two piles, and the difference decides most disputes. One pile is called the catalogue. A catalogue records who the person messaged, when, and at what address, and an executor with the right papers gets it by default.

Content is what the messages said. Releasing content takes recorded consent from the person, or a court order, which separates a catalogue request from an email one.

A written request, a certified death certificate, letters of appointment, and evidence of consent make up the baseline. The paperwork page sets out each item. The act allows 60 days, and what arrives may be full access, partial access, or a copy of the data. None of the platforms examined for this site releases login credentials, so a copy is often what a request produces.

The company also keeps the right to demand a court order, and the act leaves that right in place throughout. So the clock means less than it looks. How far a request can be pushed is a question for the lawyer handling the estate, in its own state.

States write their own version of the model. California enacted its own in 2016, and extended it to conservators and agents effective January 1, 2025.

Where the person set a direction in a platform’s own tool, that direction sits above the will under the act. A refusal sometimes turns on that. A company holding a legacy-contact setting may read it as the instruction that governs, whatever the will says. Checking which tools the person switched on is worth doing before your next letter goes out.

Why a state act doesn’t settle a federal question

A federal statute from 1986 can sit behind a refusal about email, and it’s called the Stored Communications Act. The act carries no exception for death. It never mentions probate or estates either, which is why a company can point at federal law and stop.

The omission looks deliberate only in hindsight. Law professor David Horton, writing in the Vanderbilt Law Review, concluded that Congress didn’t consider property management at death.

One state court has read consent broadly, and the ruling gets cited far outside the state that issued it. The case is known as Ajemian. In 2017 the Massachusetts Supreme Judicial Court held that lawful consent under the federal act includes consent by personal representatives. The United States Supreme Court declined to review the decision on March 26, 2018, leaving it standing in that state.

Three limits keep that ruling from being the answer people hope for, and each one matters on its own. The act allows disclosure without requiring it. A company reading the ruling can still decline, because nothing in the statute turns permission into a duty.

The second limit is the contract. Whether Yahoo’s own terms barred the disclosure went back to the lower court, and no appeals court ever settled it.

The third limit is geography, because the decision binds Massachusetts and nowhere else. Massachusetts has adopted neither digital-asset act. Roughly 12 years after John Ajemian died, receipt of the emails still depended on proceedings nobody had resolved. Anyone weighing a similar fight should ask the lawyer handling the estate what the case is worth in their own state.

The awkward fit between the two layers is old, because technology companies opposed the 2014 version of the model act. Their objection was federal privacy law. The industry group NetChoice wrote a rival model gated behind court orders, enacted in Virginia in 2015 and repealed in 2017.

When a court order is the route that’s left

A court order is the next step the act allows, and it’s worth saving for the material that needs it. Catalogue requests rarely need one.

A documented request already starts the duty to hand over the catalogue, so going straight to court can cost time. Message content is the harder ask. Google’s process for a person who has died names a United States court order as what it needs for message content. New York’s Matter of Swezey shows the same shape, because a spouse serving as executor reached iCloud photos through a special proceeding.

The real bar in that case came from the company’s own demands for papers rather than from the statute. Paperwork decided it in the end. The spouse reached the photographs only after that special proceeding ran its course.

A few companies refuse whatever arrives. Discord’s published process offers deletion when family asks, and refuses access, disclosure, or changes of any kind.

A refusal on paper tells you more about a company’s review process than about the law behind the request. Three replies are worth trying in order. Send the exact document class the company named, ask for a second review, and keep every reference number. None of that needs a password, and trying one instead can leave the account harder to reach than before.

Logging in with credentials your family already holds looks like the shortcut around all of this. The problems there are worth reading first. Logging in with their password sets out what the courts and the platforms each say.

Whether to ask a court for an order is a decision for the lawyer handling the estate, or for the probate court. The answer never arrives from a support queue.

Every fact on this page was verified on July 28, 2026. Platform settings and state law both change — see how we check this. This is general information, not legal advice.