Rutgers Law

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

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

      Section: 3B:14-61.8: Disclosure of other digital assets of deceased user.

          8. Disclosure of Other Digital Assets of Deceased User.

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:

a. a written request for disclosure in physical or electronic form;

b. a copy of the death certificate of the user;

c. a certificate evidencing the appointment of the representative or a small-estate affidavit; and

d. if requested by the custodian, any of the following:

(1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(2) evidence linking the account to the user;

(3) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or

(4) a finding by the court of either of the following:

(a) the user had a specific account with the custodian, identifiable by the information specified in paragraph (1) of this subsection; or

(b) disclosure of the user's digital assets is reasonably necessary for administration of the estate.

L.2017, c.237, s.8.

This section added to the Rutgers Database: 2017-09-26 13:38:48.

Older versions of 3b:14-61.8 (if available):

Court decisions that cite this statute: CLICK HERE.