Laws Concerning On-Line Accounts of the Deceased

Legislators are beginning to take notice that it is important to give families control of on-line accounts of their deceased relatives. Below are recent laws that address this subject.

1. Oklahoma - HB2800: Control of certain social networking, microblogging or e-mail accounts of the deceased

Important Section:

"The executor or administrator of an estate shall have the power, where otherwise authorized, to take control of, conduct, continue, or terminate any accounts of a deceased person on any social networking website, any microblogging or short message service website or any e-mail service websites."

Relevant News Articles:

1. IBTIME: New Oklahama law puts control of deceased's social media accounts in estate executors
2. OKHOUSE.GOV: House Approves Social Media Probate Legislation

2. Rhode Island - HB5647: Access to Decendents' Electronic Mail Accounts Act

Important Section:

"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 or 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 USC 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."

3. Connecticut - 05-136: An Act Concerning Access to Decendents' Electronic Mail Accounts

Important Section:

"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 or administrator; or (2) an order of the court of probate that by law has jurisdiction of the estate of such deceased person."

4. Idaho - SB-1044: RELATING TO THE UNIFORM PROBATE CODE; AMENDING SECTION 15-3-715, IDAHO CODE,TO REVISE TRANSACTIONS AUTHORIZED FOR PERSONAL REPRESENTATIVES AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 15-5-424, IDAHO CODE, TO REVISE POWERS OF CONSERVATORS IN ADMINISTRATION AND TO MAKE TECHNICAL CORRECTIONS.

Important Section:

"A conservator, acting reasonably in efforts to accomplish the purpose for which he was appointed, may act without court authorization or confirmation to: z) Take control of, conduct, continue or terminate any accounts of the protected person on any social networking website, any microblogging or short message service website or any e-mail service website.