Current through Register Vol. 55, No. 1, January 4, 2025
Rule 10.7 - Disclosure of Certain Digital Assets or a Catalog of Electronic Communications of a Decedent(a)At Time of Filing Petition for Grant of Letters. If a personal representative intends to access the digital assets or a catalog of electronic communications of a decedent, other than the content of the decedent's electronic communications, the personal representative may file with the petition an affidavit containing the recitals set forth in 20 Pa.C.S. § 3908(b). The affidavit shall be taken before and administered by the Register pursuant to 20 Pa.C.S. § 3908(c).(b)After Filing Petition for Grant of Letters. If a personal representative intends to access the digital assets or a catalog of electronic communications of a decedent, other than the content of the decedent's electronic communications, the personal representative may file an affidavit with the Register containing the recitals set forth in 20 Pa.C.S. § 3908(b). The affidavit shall be taken before and administered by the Register pursuant to 20 Pa.C.S. § 3908(c).(c)Upon Request of a Custodian. If a custodian requests a finding of the court with respect to a catalog of electronic communications of a decedent pursuant to 20 Pa.C.S. § 3908(a)(4)(iv) from a personal representative who has not already filed an affidavit as provided under subdivisions (a) or (b):(1) the personal representative may file an affidavit with the Register pursuant to 20 Pa.C.S. § 3908(b)(1); and(2) provide the custodian a copy of the affidavit bearing evidence of filing with the Register.Comment: This rule is intended to implement § 3908 of the Revised Uniform Fiduciary Access to Digital Assets Act relating to the disclosure of certain digital assets or a catalog of electronic communications of a decedent, other than the content of such electronic communications, to a personal representative. See20 Pa.C.S. § 3908. Relevant terms, such as "catalog of electronic communications," "content of electronic communication," "custodian," and "digital asset" are defined by statute. See20 Pa.C.S. § 3902. This rule does not apply to access to the contents of a decedent's electronic communications; such access is governed by 20 Pa.C.S. § 3907.
A filing made pursuant to subdivision (a) or (b) is independent of any filing made pursuant to subdivision (c).
An affidavit filed by the personal representative with the Register pursuant to subdivision (c) is not required to be taken before and administered by the Register. See20 Pa.C.S. § 3908(b)(1) (requiring, in pertinent part, that the affidavit be filed subject to penalties under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities)). Moreover, such an affidavit does not need to be notarized.
While Registers are not subject to the Case Records Public Access Policy of the Unified Judicial System, they are encouraged to ensure the confidentiality of identifying information contained in affidavits filed pursuant to this rule. See Case Records Public Access Policy of the Unified Judicial System, § 1.0, Comment.
Adopted by Pennsylvania Bulletin, Vol 54, No. 41. October 12, 2024, effective 1/1/2025