Probate Practice and Procedure

Access to Decedents' Electronic Mail Accounts Act

SECTION 33-27-3

§ 33-27-3. Access to decedents' electronic mail.

An electronic mail service provider shall provide, to the executor or administrator of the estate of a deceased person who was domiciled in this state at the time of his or her death, access to or copies of the contents of the electronic mail account of such deceased person upon receipt by the electronic mail service provider of:

(1) A written request for such access or copies made by such executor or administrator, accompanied by a copy of the death certificate and a certified copy of the certificate of appointment as executor and administrator; and

(2) An order of the court of probate that by law has jurisdiction of the estate of such deceased person, designating such executor or administrator as an agent for the subscriber, as defined in the Electronic Communications Privacy Act, 18 U.S.C. § 2701, on behalf of his/her estate, and ordering that the estate shall first indemnify the electronic mail service provider from all liability in complying with such order.

History of Section.
(P.L. 2007, ch. 172, § 1; P.L. 2007, ch. 256, § 1; P.L. 2011, ch. 363, § 12.)