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Regular Session, 2014
SENATE BILL NO. 461
BY SENATORS PEACOCK AND LAFLEUR
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
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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. Subject to any restrictions provided in a valid testament of a decedent4
or a contrary order of a court of competent jurisdiction, a succession5
representative shall have the power and authority to take control of, handle,6
conduct, continue, distribute, or terminate any digital account of the decedent.7
D. Any person that electronically stores, maintains, manages, controls,8
operates or administers the digital accounts of a decedent shall transfer, deliver,9
or provide a succession representative access or possession of any digital10
account of a decedent within thirty days after receipt of either a death11
certificate of the decedent and letters testamentary evidencing the appointment12
of the succession representative or a copy of the court order appointing the13
succession representative.14
E. This Article supersedes any contrary provision in the terms and15
conditions of any service agreement and a succession representative shall be16
considered an authorized user with lawful consent of the decedent for purposes17
of accessing or possession the decedent's digital accounts.18
F. The authority provided in this Article shall be specifically subject to19
copyright law and shall not increase the scope of the license granted in the terms20
of service of any digital account. The agent, representative or fiduciary shall be21
personally responsible for any infringement of third party copyrights that22
occurs in the transfer or distribution of any digital account or its contents.23
G. For purposes of this Article, the term "digital account" shall include24
any account of the decedent on any social networking Internet website, web log25
Internet website, microblog service Internet website, short message service26
Internet website, electronic mail service Internet website, financial account27
Internet website, or any similar electronic services or records, together with any28
words, characters, codes, or contractual rights necessary to access such digital29 SB NO. 461
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assets and any text, images, multimedia information, or other personal property1
stored by or through such digital account.2
The original instrument was prepared by Angela Lockett De Jean. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Julie J Baxter.
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 subject to 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.
Proposed law provides that the authority provided in proposed law shall be specifically
subject to copyright law and shall not increase the scope of the license granted in the terms
of service of any digital account. Proposed law further provides that the agent,
representative or fiduciary shall be personally responsible for any infringement of third party
copyrights that occurs in the transfer or distribution of any digital account or its contents.
Effective August 1, 2014.
(Amends C.C.P. Art. 3191) SB NO. 461
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
engrossed bill
1. Provides that subject to 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.
2. Provides that the authority provided in proposed law shall be specifically
subject to copyright law and shall not increase the scope of the license
granted in the terms of service of any digital account. Also provides that the
agent, representative or fiduciary shall be personally responsible for any
infringement of third party copyrights that occurs in the transfer or
distribution of any digital account or its contents.