New York § 13-A-3.1 Disclosure of content of electronic communications of

New York Statutes

§ 13-A-3.1 — Disclosure of content of electronic communications of

New York § 13-A-3.1

Law EPTEstates, Powers & Trusts

Part 3Disclosure of Digital Assets to Fiduciary

Art. 13-AAdministration of Digital Assets Summary of Article

This text of New York § 13-A-3.1 (Disclosure of content of electronic communications of) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Estates, Powers & Trusts § 13-A-3.1 (2026).

Text

§ 13-A-3.1 Disclosure of content of electronic communications of\n             deceased user\n  If a deceased user consented or a court directs disclosure of the\ncontents of electronic communications of the user, the custodian shall\ndisclose to the executor, administrator or personal representative of\nthe estate of the user the content of an electronic communication sent\nor received by the user if the executor, administrator or representative\ngives the custodian:\n  (a) a written request for disclosure in physical or electronic form;\n  (b) a copy of the death certificate of the user;\n  (c) a certified copy of the letter of appointment of the executor,\nadministrator, or personal representative or a small-estate affidavit or\ncourt order;\n  (d) unless the user provided direction usi

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§ 13-A-3.1 Disclosure of content of electronic communications of\n deceased user\n If a deceased user consented or a court directs disclosure of the\ncontents of electronic communications of the user, the custodian shall\ndisclose to the executor, administrator or personal representative of\nthe estate of the user the content of an electronic communication sent\nor received by the user if the executor, administrator or representative\ngives the custodian:\n (a) a written request for disclosure in physical or electronic form;\n (b) a copy of the death certificate of the user;\n (c) a certified copy of the letter of appointment of the executor,\nadministrator, or personal representative or a small-estate affidavit or\ncourt order;\n (d) unless the user provided direction using an online tool, a copy of\nthe user's will, trust, or other record evidencing the user's consent to\ndisclosure of the content of electronic communications; and\n (e) if requested by the custodian:\n (1) a number, username, address, or other unique subscriber or account\nidentifier assigned by the custodian to identify the user's account;\n (2) evidence linking the account to the user; or\n (3) a finding by the court that:\n (A) the user had a specific account with the custodian, identifiable\nby the information specified in subparagraph (1);\n (B) disclosure of the content of electronic communications of the user\nwould not violate 18 U.S.C. section 2701 et seq., as amended, 47 U.S.C.\nsection 222, as amended, or other applicable law;\n (C) unless the user provided direction using an online tool, the user\nconsented to disclosure of the content of electronic communications; or\n (D) disclosure of the content of electronic communications of the user\nis reasonably necessary for administration of the estate.\n