A2208

An Act concerning executors and administrators of estates and digital assets and supplementing Title 3B of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Account holder” means a decedent that had, while living, entered into a terms of service agreement with a custodian.

“Custodian” means a person, corporation, or other entity that carries, maintains, processes, receives, or stores a digital asset of an account holder.

“Digital asset” means data, text, electronic mail, documents, audio, video, images, sounds, social media content, social networking content, healthcare records, health insurance records, computer source codes, computer programs, or any other information, including user names and passwords, created, generated, sent, or stored by electronic means, but does not include the underlying asset or liability unless the asset or liability is the electronic record.

“Estate” shall have the same meaning as provided in N.J.S.3B:1-1.

“Valid written request” means a written request accompanied by a certified copy of the letters testamentary granting the executor authority, or letters of administration granting an administrator authority, over the estate of the account holder.

2. Consistent with State and federal law and any terms of service agreement, an executor or administrator of an estate of an account holder shall have the power to take control of, conduct, continue, copy, or terminate any digital asset of an account holder. An executor or administrator with authority over a digital asset of an account holder, pursuant to this section, shall have the same access to a digital asset as an account holder had while living, and is deemed to have the lawful consent of the account holder and be authorized under all applicable State and federal law and terms of service agreements.

3. a. A custodian shall provide an executor or administrator of an estate with access to a digital asset of an account holder upon receipt of a valid written request from an executor or administrator seeking to take control of, conduct, continue, copy, or terminate any digital asset of an account holder.

b. A custodian shall comply with a valid written request no later than 30 days after the receipt of the valid written request, after which time the executor or administrator may apply to a court for an order directing the custodian to comply with the request.

4. A custodian and its officers, employees, and agents shall be immune from liability for any act done in good faith in compliance with P.L. , c. (C. ) (pending before the Legislature as this bill).

5. This act shall take effect immediately.

STATEMENT

This bill permits an executor or administrator of an estate of a decedent to take control of, conduct, continue, copy, or terminate any digital asset of an account holder. A custodian of an account holder’s digital assets is to allow an executor or administrator access to an account holder’s digital assets upon receipt of a valid written request. In this bill, “custodian” means a person, corporation, or other entity that carries, maintains, processes, receives, or stores a digital asset of an account holder and “digital asset” means data, text, electronic mail, documents, audio, video, images, sounds, social media content, social networking content, healthcare records, health insurance records, computer source codes, computer programs, or any other information, including user names and passwords, created, generated, sent, or stored by electronic means, but does not include the underlying asset or liability unless the asset or liability is the electronic record.

A custodian is to comply with a valid written request within 30 days. If a custodian does not comply within 30 days an executor or administrator may apply to a court to direct the custodian to comply with the request.

A custodian is to be immune from liability for any act done in good faith in compliance with this bill.