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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2014
SENATE BILL NO. 461
BY SENATOR PEACOCK
SUCCESSIONS. Provides relative to electronic assets of a decedent. (8/1/14)
AN ACT1
To amend and reenact Code of Civil Procedure Art. 3191, relative to administration of2
successions; to provide relative to certain functions, powers, and duties of a3
succession representative; to provide relative to terms and definitions; to provide4
with respect to electronic assets of a decedent; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Code of Civil Procedure Art. 3191 is hereby amended and reenacted to7
read as follows:8
Art. 3191. General duties; appointment of agent9
A. A succession representative is a fiduciary with respect to the succession,10
and shall have the duty of collecting, preserving, and managing the property of the11
succession in accordance with law. He shall act at all times as a prudent12
administrator, and shall be personally responsible for all damages resulting from his13
failure so to act.14
B. A nonresident succession representative may execute a power of attorney15
appointing a resident of the state to represent him in all acts of his administration. A16
resident succession representative who will be absent from the state temporarily17 SB NO. 461
SLS 14RS-814 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
similarly may appoint an agent to act for him during his absence. In either case, the1
power of attorney appointing the agent shall be filed in the record of the succession2
proceeding.3
C. Except where the testament provides otherwise, any restrictions4
provided in a valid testament of a decedent or a contrary order of a court of5
competent jurisdiction, a succession representative shall have the power and6
authority to take control of, handle, conduct, continue, distribute, or terminate7
any digital account of the decedent.8
D. Any person that electronically stores, maintains, manages, controls,9
operates or administers the digital accounts of a decedent shall transfer, deliver,10
or provide a succession representative access or possession of any digital11
account of a decedent within thirty days after receipt of either a death12
certificate of the decedent and letters testamentary evidencing the appointment13
of the succession representative or a copy of the court order appointing the14
succession representative.15
E. This Article supersedes any contrary provision in the terms and16
conditions of any service agreement and a succession representative shall be17
considered an authorized user with lawful consent of the decedent for purposes18
of accessing or possession the decedent's digital accounts.19
F. For purposes of this Article, the term "digital account" shall include20
any account of the decedent on any social networking Internet website, web log21
Internet website, microblog service Internet website, short message service22
Internet website, electronic mail service Internet website, financial account23
Internet website, or any similar electronic services or records, together with any24
words, characters, codes, or contractual rights necessary to access such digital25
assets and any text, images, multimedia information, or other personal property26
stored by or through such digital account.27 SB NO. 461
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Angela L. De Jean.
DIGEST
Peacock (SB 461)
Present law provides that a succession representative is a fiduciary with respect to the
succession, and shall have the duty of collecting, preserving, and managing the property of
the succession in accordance with law. He shall act at all times as a prudent administrator,
and shall be personally responsible for all damages resulting from his failure so to act.
Present law provides that a nonresident succession representative may execute a power of
attorney appointing a resident of the state to represent him in all acts of his administration.
A resident succession representative who will be absent from the state temporarily similarly
may appoint an agent to act for him during his absence. In either case, the power of attorney
appointing the agent shall be filed in the record of the succession proceeding.
Proposed law provides that except where the testament provides otherwise, any restrictions
provided in a valid testament of a decedent or a contrary order of a court of competent
jurisdiction, a succession representative shall have the power and authority to take control
of, handle, conduct, continue, distribute, or terminate any digital account of the decedent.
Proposed law provides that any person that electronically stores, maintains, manages,
controls, operates or administers the digital accounts of a decedent shall transfer, deliver, or
provide a succession representative access or possession of any digital account of a decedent
within 30 days of its receipt of either a death certificate of the decedent and letters
testamentary evidencing the appointment of the succession representative or a copy of the
court order appointing the succession representative.
Proposed law provides that it supersedes any contrary provision in the terms and conditions
of any service agreement and a succession representative shall be considered an authorized
user with lawful consent of the decedent for purposes of accessing or possession of the
decedent's digital accounts.
Proposed law provides that for purposes of proposed law, the term "digital account" includes
any account of the decedent on any social networking Internet website, web log Internet
website, microblog service Internet website, short message service Internet website,
electronic mail service Internet website, financial account Internet website, or any similar
electronic services or records, together with any words, characters, codes, or contractual
rights necessary to access such digital assets and any text, images, multimedia information,
or other personal property stored by or through such digital account.
Effective August 1, 2014.
(Amends C.C.P. Art. 3191)