N.J. Stat. § 3B:14-61.8

Current through L. 2023, c. 290.
Section 3B:14-61.8 - 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.

N.J.S. § 3B:14-61.8

Added by L. 2017, c. 237,s. 8, eff. 12/12/2017.