Can an executor enforce rights to online photo and video accounts held by a tech company? – North Carolina

Short Answer

Yes, often. In North Carolina, a personal representative (executor) can demand certain “digital assets” from a tech company, including photos and videos stored in an online account, by making a written request and providing proof of death and authority (such as certified letters testamentary). Getting the content of electronic communications (like emails or messages) can require the decedent’s consent in a will or other record, or a court order.

Understanding the Problem

When a North Carolina executor needs access to a deceased person’s online photo and video account held by a technology company, the key question is whether North Carolina law allows the executor to require the company to disclose the account’s digital materials as part of estate administration. The issue usually turns on whether the requested materials are treated as “digital assets” (such as stored photos and videos) versus the “content of electronic communications” (such as messages), and what proof and paperwork the company can demand before it releases anything.

Apply the Law

North Carolina has a statute that sets out how a personal representative can obtain disclosure of a deceased user’s digital assets from an online “custodian” (the company that holds the account). In general, the company may be required to provide non-communication digital assets (like stored photos and videos) and a catalogue of communications if the personal representative submits a written request with certified proof of death and authority. If the request involves the content of communications, North Carolina law adds an extra consent requirement unless a court orders disclosure. If a company refuses or claims the request is too broad or burdensome, the clerk-supervised estate process can sometimes be used to seek an order compelling disclosure or narrowing what must be produced.

Key Requirements

Proof of authority: The requester must be the duly appointed personal representative and be able to provide certified letters testamentary (or other qualifying authority documents allowed by statute).
Proper request and identifiers: The custodian can require a written disclosure request and enough information to identify the correct account (such as an email address/username) and link it to the deceased user.
Right type of data: Photos and videos stored in an online service are typically “digital assets” (not the content of communications), but messages or email content usually require the decedent’s consent in a record (or a court order).

What the Statutes Say

N.C. Gen. Stat. § 36F-8 (Disclosure of other digital assets of deceased user) – Requires disclosure of a catalogue of communications and non-communication digital assets (such as stored photos/videos) when the personal representative provides the required documents and information.
N.C. Gen. Stat. § 36F-7 (Disclosure of content of electronic communications of deceased user) – Allows disclosure of the content of communications only with the user’s consent (often shown in a will/record) or a court order, plus required documentation.
N.C. Gen. Stat. § 36F-6 (Procedure for disclosing digital assets) – Lets the custodian choose the method of disclosure (full access, partial access, or copies) and permits the custodian to raise undue burden issues that may require a court order to resolve.

Analysis

Apply the Rule to the Facts: Here, the spouse is the executor and already has letters testamentary and an open North Carolina estate. Under North Carolina’s digital assets statute, that is the starting point needed to demand disclosure from the company holding the photo account. If the request is for stored photos and videos (digital assets) rather than email/message content, the law generally supports disclosure upon a proper written request, a certified death certificate, and certified letters testamentary, along with account identifiers and (if requested) an affidavit explaining that access is reasonably necessary for estate administration.

Process & Timing

Who files: The personal representative (executor) or the executor’s attorney. Where: First, with the tech company’s legal/digital-assets process; if needed, then with the Clerk of Superior Court in the county where the estate is administered. What: A written request for disclosure with certified copies of the death certificate and letters testamentary, plus the account identifier (email/username) and any affidavit the company requests about necessity. When: As soon as practical after appointment, especially if there is a risk the account may be deleted, deactivated, or subject to retention limits under the provider’s policies.
If the company refuses or limits disclosure: The next step is often to narrow the request to specific assets (for example, photos/videos from a date range) or request copies rather than full account access, because North Carolina law allows the custodian to choose the disclosure method and to raise “undue burden” objections.
If court involvement is needed: An estate proceeding may be brought before the Clerk of Superior Court to seek an order compelling disclosure or addressing disputes about necessity, account identification, or burden. North Carolina practice materials describe a verified petition procedure to examine persons believed to possess estate property and demand recovery, handled as a contested estate proceeding before the clerk.

Exceptions & Pitfalls

Communications vs. stored media: Requesting “everything in the account” may trigger stricter rules if the request includes email/message content, which may require the decedent’s consent in a will or other record or a court order.
Provider paperwork and certification: Many custodians insist on certified (not plain) copies of the death certificate and letters testamentary and may request an affidavit that the disclosure is reasonably necessary for administration.
Undue burden and overbroad requests: A request that requires the company to segregate, review, or filter large amounts of data can lead to an “undue burden” position. North Carolina law anticipates this and allows a court order to define a subset (like a date range) or another workable method of disclosure.
No duty for deleted items: If the decedent deleted assets before death, the custodian generally does not have to disclose them.
“Clerk and magistrate cannot help” confusion: A magistrate usually does not manage estate administration. When court involvement is required, the Clerk of Superior Court is the usual forum for estate proceedings, and the process typically requires a formal filing (not an informal request at the counter).

Conclusion

In North Carolina, an executor can often enforce access to a decedent’s online photo and video account by making a proper written request and providing a certified death certificate and certified letters testamentary, along with account identifiers and (if requested) an affidavit explaining necessity. Access to the content of communications has stricter consent or court-order requirements. The most practical next step is to submit a written disclosure demand to the custodian with certified documents and, if denied, file a verified estate petition with the Clerk of Superior Court seeking an order compelling appropriate disclosure.

Talk to a Probate Attorney

If a tech company is refusing to release a deceased person’s online photos or videos even after an executor qualifies, our firm has experienced attorneys who can help evaluate what North Carolina law allows, prepare a compliant disclosure demand, and pursue a clerk-entered court order when needed. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.