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In the United States and other locales, you can request access to your deceased loved one's Apple ID and data with a court order. The court order needs to claim you as the rightful inheritor of your relative's personal information.
Once you have backed up your old iPhone into iCloud, turn on your new iPhone. Proceed in the setup process and connect the new iPhone to WiFi. In the ?Apps & Data? -view, select ?Restore from iCloud Backup? and sign in to iCloud. Choose the backup you want to restore and wait for the backup to finish.
Request access with a court order or other legal documentation. In the U.S. and other locales, you can request access to a deceased person's Apple ID and data with a court order that names you as the rightful inheritor of your loved one's personal information.
Recover data from dead iPhone via iTunes Open iTunes on the computer that you used to back up your dead iPhone. Make sure you have the latest version of iTunes. Then connect the iOS device to the computer. After the iTunes detects your device, select your device and go to ?File menu > Devices > Restore from Backup.
You will need a copy of the death certificate and an official document from a court that states you're the legal personal representative of the deceased person. (The process varies if that person was a minor in their country.) You may have to provide other documentation, too.