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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 ENROLLED
SENATE BILL NO. 461
BY SENATORS PEACOCK AND LAFLEUR
AN ACT1
To amend and reenact Code of Civil Procedure Article 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; to provide for limitations of certain5
causes of action; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Civil Procedure Article 3191 is hereby amended and reenacted8
to read as follows:9
Art. 3191. General duties; appointment of agent10
A. A succession representative is a fiduciary with respect to the succession,11
and shall have the duty of collecting, preserving, and managing the property of the12
succession in accordance with law. He shall act at all times as a prudent13
administrator, and shall be personally responsible for all damages resulting from his14
failure so to act.15
B. A nonresident succession representative may execute a power of attorney16
appointing a resident of the state to represent him in all acts of his administration. A17
resident succession representative who will be absent from the state temporarily18
similarly may appoint an agent to act for him during his absence. In either case, the19
power of attorney appointing the agent shall be filed in the record of the succession20
proceeding.21
C. Subject to any restrictions provided in a valid testament of a decedent22
or an order of a court of competent jurisdiction, a succession representative23
shall have the power and authority to take control of, handle, conduct, continue,24
distribute, or terminate any digital account of the decedent.25
D.(1) Except as provided in Subparagraph (2) of this Paragraph and to26 SB NO. 461 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
the extent permitted by federal law, any person that electronically stores,1
maintains, manages, controls, operates or administers the digital accounts of a2
decedent shall transfer, deliver, or provide a succession representative access3
or possession of any digital account of a decedent within thirty days after4
receipt of letters testamentary, letters of administration, or letters of5
independent administration evidencing the appointment of the succession6
representative.7
(2) Notwithstanding any other provision of law to the contrary, R.S.8
6:325 or R.S. 6:767 shall control how federally insured financial institutions9
provide Internet or other electronic access to an authorized succession10
representative for the administration of a decedent's estate.11
E. This Article supersedes any contrary provision in the terms and12
conditions of any service agreement and a succession representative shall be13
considered an authorized user with lawful consent of the decedent for purposes14
of accessing or possessing the decedent's digital accounts.15
F. The authority provided in this Article shall be specifically subject to16
copyright law and shall not increase the scope of the license granted in the terms17
of service of any digital account. The agent, representative or fiduciary shall be18
personally responsible for any infringement of third party copyrights that19
occurs in the transfer or distribution of any digital account or its contents.20
G. No cause of action shall lie in any court under the law of this state21
against any provider of digital account service, including its officers, directors,22
employees, agents, members, or other specified persons, for any actions taken23
to disclose or otherwise provide access to the contents of a digital account24
pursuant to this Article.25
H. For purposes of this Article, the term "digital account" shall include26
any account of the decedent on any social networking Internet website, web log27
Internet website, microblog service Internet website, short message service28
Internet website, electronic mail service Internet website, financial account29
Internet website, or any similar electronic services or records, together with any30 SB NO. 461 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
words, characters, codes, or contractual rights necessary to access such digital1
assets and any text, images, multimedia information, or other personal property2
stored by or through such digital account.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: