What's happening
This bill allows a decedent's fiduciary to manage or close the decedent's social media and email accounts unless prohibited by will or court order.
Why it matters
Addresses digital legacy issues. By granting fiduciaries authority over a decedent’s online accounts, this bill helps families and executors manage or close digital assets, reducing confusion and potential disputes about access to important or sensitive digital information.
Protects privacy and intent. The bill respects the wishes of the deceased by allowing them to restrict fiduciary access through their will or by court order, ensuring personal intentions about digital privacy are honored.
Facilitates estate administration. Access to email and social media accounts can be critical for locating financial information, communicating with contacts, or preventing identity theft, making estate settlement processes smoother and more comprehensive.
Reflects modern realities. As more personal and financial matters are conducted online, this amendment updates estate law to keep pace with how people live and communicate, acknowledging that digital assets are now an integral part of most estates.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Let Executors Access Online Accounts
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Executors Access Online Accounts
In Assembly Committee · Judiciary · Sponsor Felix Ortiz
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3529
2019-2020 Regular Sessions
IN SENATE
February 8, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the estates, powers and trusts law, in relation to authorizing the fiduciary of a decedent to take control of certain web site accounts of the decedent
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (b) of section 11-1.1 of the estates, powers and trusts law is amended by adding a new subparagraph 23 to read as follows:
(23) Unless expressly prohibited by the will or court order, to take control of, conduct, continue or terminate any account of the decedent on any social networking web site, microblogging or short message service web site or email service web site.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06255-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the estates, powers and trusts law, in relation to authorizing the fiduciary of a decedent to take control of certain web site accounts of the decedent
Summary of provisions
Section 1. Adds a new subparagraph 23 to paragraph (b) of section 11-1.1 of the estates, powers and trusts law to read as follow: "unless expressly prohibited by the will or court order, to take control of, conduct, continue or terminate any account of the decedent on any social networking web site, microblogging or short message service web site or email service website."
Section 2. Effective date.
Purpose and justification
This legislation will allow an individual to designate a loved one or a family member the authority to terminate a social media account and other messaging accounts after an individual's death. Many advocates believe that continuing to preserve the online presence of the deceased individual could be painful for loved ones. Additionally, it is likely that individuals who are close to the deceased will feel grief and pain when being reminded of their loss.
This legislation allows for an individual to assign a representative to control or terminate their online accounts. Critics suggest that many online users may not feel comfortable disclosing their personal informa- tion. However, this legislation does not make it mandatory to designate a person if they choose not to. It is equally important to be able to protect the privacy of the deceased. It is crucial to acknowledge the implications if someone were to abuse the account. For example, after the death of two young girls in Australia, thousands of people visited their face-book accounts leaving many negative comments and images. This could further contribute to the emotional damage of the friends and family. Additionally, emails and blogs are prone to hackers who may be able to obtain personal information from a deceased individuals account. This new legislation allows for these current issues to be addressed.
Legislative history
2017-18: S702/A3308 - JUDICIARY/judiciary 2015-16: S1741/A8355 - Judiciary Committee/Judiciary Committee 2013-14: 36532/A6034- Judiciary Committee/Judiciary Committee
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.