Digital Legacy - Microsoft

If You Have Account Access

If you know the credentials for the Microsoft account of someone who has died or become incapacitated, you can handle it yourself:

• You can follow the steps in the Microsoft account closure process.
• After entering the closure process, the account can be reopened within 60 days; after that it and its data will be permanently deleted.

📝‍ Note: If you have access, closing the account proactively can help prevent unwanted charges, subscription renewals or data remaining indefinitely in limbo.

If You DON’T Have Access to the Account

If you do not know the credentials, Microsoft has specific rules:

• Subscription payments should be cancelled (bank/credit card revocation or other means) so you are not paying for the account anymore.
• Outlook.com and OneDrive accounts will be frozen after 1 year of inactivity, and Microsoft accounts expire after 2 years of inactivity.
• To request access to account contents you must usually be a legal representative and serve Microsoft with an appropriate subpoena or court order.

⚠️Warning: Microsoft states that even with legal process, they may be unable to provide account content. Submission of a request or court order does not guarantee access.

Regional/Legal Variations

The requirements, documentation and process differ by country or region. For example:

• In Europe, subpoenas/court orders should be served on Microsoft Ireland Operations Ltd (Dublin) for non-criminal matters.
  👉 Microsoft Support – Europe process
• In Germany, you may need to provide: a death certificate; ID of deceased; certificate of inheritance or legal heir documentation; your ID or power of attorney.
  👉 Microsoft Support – Germany documentation
• In China, you may need: death certificate or social ID deregistration; proof of relationship (spouse, child, sibling, grandparent); notarised certification; your ID.
  👉 Microsoft Support – China process
• In United States, Microsoft will only respond to non-criminal subpoenas or court orders served on Microsoft’s registered agent in your state. These must be formally served (not emailed or faxed). Each request is reviewed to determine whether it can lawfully release information from a deceased or incapacitated user’s Outlook.com, OneDrive, or other Microsoft Account.
  👉 Microsoft Support – U.S. deceased account guidance
• In Australia, Requests must generally be supported by a death certificate and proof of authority (such as executor documentation or a grant of probate). If a court order is required, it must be addressed to Microsoft Pty Ltd, the registered entity for Australia, and formally served within the jurisdiction. Requests by email or fax are not accepted.
  👉 Microsoft Support – Australia guidance