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)
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.