Disclosure to Trustee of Electronic Communications

1. Law
2. Georgia Code
3. Wills, Trusts, and Administration of Estates
4. Revised Uniform Fiduciary Access to Digital Assets
5. Rights of Custodians or Users
6. Disclosure to Trustee of Electronic Communications

Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:

1. A written request for disclosure in physical or electronic form;
2. A certified copy of the trust instrument or a certification of the trust under Code Section 53-12-280;
3. A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and
4. If requested by the custodian:
   1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or
   2. Evidence linking the account to the trust.

(Code 1981, §53-13-19, enacted by Ga. L. 2018, p. 1089, § 1/SB 301.)

Law reviews.

- For annual survey on wills, trusts, guardianships, and fiduciary administration, see 70 Mercer L. Rev. 275 (2018).

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