Dec192025
Probate Q&A Series

How can I gain access to my late spouse’s Google Photos as executor of the estate? – North Carolina

Short Answer

In North Carolina, a personal representative (executor) can request a deceased person’s “digital assets” from the company that holds them, but the company does not have to hand over the login or give full account access. Under North Carolina’s digital assets law, the executor usually can obtain the photos themselves (as digital assets) and basic account information by sending a written request with certified letters testamentary and a certified death certificate. If the company refuses or says it needs a court order, the executor can ask the Clerk of Superior Court (estate division) for an order directing disclosure.

Understanding the Problem

In North Carolina probate, the key question is whether a personal representative who has already qualified and received letters testamentary can require an online service provider to provide access to a deceased spouse’s stored photo library. The issue often turns on what type of information is being requested (photos and files versus message content), what proof of authority the personal representative can provide, and whether the provider will accept probate paperwork or will require a specific court order tied to the estate.

Apply the Law

North Carolina has a statute designed for this situation: it allows fiduciaries, including personal representatives, to seek disclosure of a deceased person’s digital assets from a “custodian” (the company that holds the account). For an executor, the statute generally requires a written request, a certified death certificate, and certified letters testamentary. The custodian can choose how to comply: it may give full access, partial access, or provide copies of the digital assets. If the request involves the contents of electronic communications (such as email messages), additional consent or a court direction may be required, and federal privacy laws can affect what the custodian will release.

Key Requirements

  • Proper fiduciary authority: The request should come from the qualified personal representative, supported by certified letters testamentary (or another statutorily accepted probate document).
  • Correct documentation and identifiers: The custodian can require a certified death certificate and enough account information to identify the account (email address, username, or other identifiers), plus evidence linking the account to the decedent.
  • Request limited to what the law allows: Photos and other stored files are typically treated as “digital assets,” while message content may trigger extra consent/court findings; the custodian may provide copies rather than credentials.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the surviving spouse is already the executor and holds letters testamentary, so the authority element is in place. Google Photos is typically a “digital asset” stored with a custodian, so North Carolina law generally supports a written request to obtain the photos (often as copies or downloads) and certain basic account information, so long as the decedent did not prohibit disclosure through an available account tool or other direction. If the request is framed as “provide the photo library (digital assets) or a copy of it,” it usually fits better than a request for the password or for the content of communications.

Process & Timing

  1. Who files: The personal representative (executor). Where: First, with the custodian (the service provider). If a court order becomes necessary, file in the decedent’s estate file with the Clerk of Superior Court (Estates). What: A written request for disclosure of digital assets plus supporting documents; if seeking a court order, a motion/petition in the estate proceeding requesting an order under North Carolina’s digital assets law. When: As soon as practical after qualification; companies may delete or lock accounts under their terms, so delay can create avoidable obstacles.
  2. Submit a complete custodian package: Provide (a) a written request that asks for a copy/export of the Google Photos library (not credentials), (b) a certified death certificate, (c) a certified copy of letters testamentary, and (d) the account identifiers (email/username) and proof linking the account to the decedent. If requested, include an executor affidavit explaining why access is reasonably necessary for estate administration (for example, to marshal property, evaluate claims, or preserve estate records).
  3. If Google refuses or requests a court order: Ask the Clerk of Superior Court in the estate matter for an order directing disclosure of the requested digital assets. A well-drafted proposed order usually focuses on (a) confirming the specific account, (b) stating that disclosure is reasonably necessary for estate administration, and (c) limiting the disclosure to photos/files (not message content), unless there is a separate basis to seek communications content.

Exceptions & Pitfalls

  • Requesting the password or trying to log in as the decedent: North Carolina law allows disclosure; it does not guarantee credentials, and it prohibits using authority to impersonate the user.
  • Mixing photos with “electronic communications” content: Photos stored in Google Photos generally fit “digital assets,” but if the request is framed as access to email messages or other communication content, the custodian may require proof of consent or a court order tailored to the communications statute.
  • Incomplete documentation: Custodians commonly require certified (not photocopied) letters testamentary and death certificate, plus a clear account identifier and evidence linking the account to the decedent.
  • Undue burden objections: If a request is too broad or hard to segregate, the custodian may resist; narrowing by date range or requesting an export/copy can help and may avoid court involvement.

Conclusion

In North Carolina, an executor can seek a deceased spouse’s Google Photos through the state’s fiduciary access to digital assets law by sending Google a written request with a certified death certificate and certified letters testamentary, along with enough information to identify the account. Google may satisfy the request by providing copies or an export rather than login credentials. If Google refuses or demands court involvement, the next step is to file a motion in the estate proceeding with the Clerk of Superior Court requesting an order directing disclosure.

Talk to a Probate Attorney

If you’re dealing with an estate administration that requires access to a deceased person’s online photos or other digital accounts, our firm has experienced attorneys who can help explain the options, prepare a compliant request, and seek a court order if 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.