New Jersey Statutes 3B:14-61.8. Disclosure of other digital assets of deceased user
Terms Used In New Jersey Statutes 3B:14-61.8
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Estate: means all of the property of a decedent, minor or incapacitated individual, trust or other person whose affairs are subject to this title as the property is originally constituted and as it exists from time to time during administration. See New Jersey Statutes 3B:1-1
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.
L.2017, c.237, s.8.