Skip to main content
THIS SITE
PREVIOUS SECTION Go back to sections Go back to the chapter Go back to the N.J. Statutes homepage NEXT SECTION


New Jersey Statutes, Title: 3B, ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS

    Chapter 14: Survivorship and succession among cofiduciaries; duties and powers

      Section: 3B:14-61.6: Procedure for disclosing digital assets.

          6. Procedure for Disclosing Digital Assets.

a. When disclosing digital assets of a user under this act, the custodian shall either:

(1) grant a fiduciary or designated recipient full access to the user's account;

(2) grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or

(3) provide a fiduciary or designated recipient a copy in a record

of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.

b. A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this act.

c. A custodian need not disclose under this act a digital asset deleted by a user.

d. If a user directs or a fiduciary requests a custodian to disclose under this act some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:

(1) a subset limited by date of the user's digital assets;

(2) all of the user's digital assets to the fiduciary or designated recipient;

(3) none of the user's digital assets; or

(4) all of the user's digital assets to the court for review in camera.

L.2017, c.237, s.6.

This section added to the Rutgers Database: 2017-09-26 13:38:44.






Older versions of 3b:14-61.6 (if available):



Court decisions that cite this statute: CLICK HERE.