Provides access to a decedent's electronic mail, social networking and/or microblogging accounts to the executor or administrator of the decedent's estate

BILL NUMBER:S1565A

Title of bill

An act to amend the estates, powers and trusts law, in relation to access to a decedent's electronic mail, social networking and/or microblogging accounts

Purpose

To prevent assets from being lost and allow estates to maintain access to bank accounts and other key financial records on behalf of the survivor or beneficiaries of the estate.

Summary of provisions

Section 11-1.12 of the estates, powers and trusts law is amended to allow the estate's executor or administrator to take control of, conduct, continue or terminate electronic accounts of the decedent. The law will also allow the executor or administrator access to electronic accounts upon a written request with a copy of a death certificate and certificate of appointment or a court order furnished to any service provider.

Justification

Due to the rapid technological advances for storing personal and financial information electronically, much of the financially sensitive materials or assets that would ordinarily be accessed as hard copies or documents are in electronic form with no back up or original document. As a result many executors and estate administrators are facing significant problems in accessing bank accounts and other key financial records upon death of the of a loved one. This law will help prevent information, such as pictures and data from becoming trapped in electronic accounts and not accessible after the loved one dies.

Legislative history

A.823 (2013)

Fiscal implications

None

Effective date

Immediately after the bill has become law.