What can I do if Google keeps denying my request for a decedent’s digital assets despite letters testamentary? – North Carolina

Short Answer

In North Carolina, letters testamentary alone may not be enough to make a company disclose a decedent’s Google Photos. North Carolina’s digital-assets law allows a personal representative to demand disclosure, but it also lets the custodian require specific supporting items (like a certified death certificate, account identifiers, proof the account belongs to the decedent, and sometimes an affidavit or a court finding). If Google still refuses after a complete statutory request, the next step is usually to ask the Clerk of Superior Court (estate division) for a court order directing disclosure.

Understanding the Problem

When a North Carolina personal representative has letters testamentary and needs access to a deceased person’s Google Photos, can the personal representative force Google to provide the photos or account data, and what happens if Google keeps denying the request? The key decision point is whether the request seeks “digital assets” like photos (generally treated differently) versus the “content of electronic communications” like emails (often treated more strictly). The practical issue is that a custodian may require more than letters testamentary before it will release anything, and the probate clerk’s office may not resolve the dispute without a formal request for an order in the estate file.

Apply the Law

North Carolina has a specific set of rules for fiduciary access to digital assets. For many non-email digital assets (such as stored photos), the law generally requires the custodian to disclose a catalogue of communications and other digital assets (not the content of communications) when the personal representative submits a proper request package, unless the decedent prohibited disclosure or a court orders otherwise. If the request involves the content of electronic communications (for example, Gmail message content), the law usually requires proof of the decedent’s consent or a court order directing disclosure.

Key Requirements

Correct category of information: A request for stored photos and files is typically treated as “digital assets” (often easier to obtain than the content of emails or messages), while email/message content may require consent or a court directive.
Complete statutory request package: The custodian can require a written request, certified documents (including a certified death certificate and certified letters testamentary), and may also request account identifiers, proof linking the account to the decedent, and an affidavit that access is reasonably necessary to administer the estate.
Court involvement when the custodian insists: If the custodian will not act without “court findings” (for example, that the account exists and disclosure is reasonably necessary), the personal representative may need an order entered in the estate proceeding by the Clerk of Superior Court.

What the Statutes Say

N.C. Gen. Stat. § 36F-8 (Disclosure of other digital assets of deceased user) – Sets the required items a personal representative must provide to obtain disclosure of digital assets other than the content of electronic communications, and lists additional items a custodian may request (including an affidavit or court findings).
N.C. Gen. Stat. § 36F-7 (Disclosure of content of electronic communications of deceased user) – Covers when a custodian must disclose the content of electronic communications and what additional proof may be required (often consent or a court order).
N.C. Gen. Stat. § 36F-6 (Procedure for disclosing digital assets) – Allows the custodian to choose the method of disclosure (full access, partial access, or copies), permits a reasonable administrative charge, and addresses undue burden and in-camera review options.
N.C. Gen. Stat. § 36F-15 (Fiduciary duty and authority) – Explains that fiduciary authority is limited by duties, other law, and terms of service; also addresses termination requests and confirms the fiduciary is an authorized user when acting within authority.

Analysis

Apply the Rule to the Facts: Here, the widowed spouse is the executor and already has letters testamentary and an opened North Carolina estate. If the request is focused on Google Photos (a “digital asset” rather than email content), North Carolina law still allows Google to demand a certified death certificate, account identifiers, proof the account belongs to the decedent, and an affidavit explaining why access is reasonably necessary to administer the estate. If Google continues to deny access after receiving a complete package, the remaining tool is typically a court order from the Clerk of Superior Court in the estate file directing disclosure and, if needed, making the findings Google is requesting.

Process & Timing

Who files: The personal representative (executor). Where: The Clerk of Superior Court (Estates) in the county where the estate is open in North Carolina. What: A written request to Google that tracks the statutory items, plus certified documents; if denial continues, a motion or petition in the estate file requesting an order directing the custodian to disclose the requested digital assets and making any required findings. When: As soon as the custodian denies access or requests additional items; delays can increase the risk of account changes, lost access, or administrative complications.
Build a “statute-complete” request package: Include (a) a written request for disclosure, (b) a certified death certificate (often needed for transactions even if probate opened without it), (c) a certified copy of letters testamentary, and (d) the account identifier(s) and evidence linking the account to the decedent. If Google asks for it, add an affidavit stating disclosure is reasonably necessary for estate administration.
Seek a court order if Google still refuses: Ask the Clerk of Superior Court to enter an order directing disclosure under the digital-assets statute and addressing any findings the custodian is demanding (such as confirming the account and that disclosure is reasonably necessary). The order can also narrow the scope (for example, by date range) if the custodian claims the request is an undue burden.

Exceptions & Pitfalls

The request accidentally seeks email “content” instead of photos: If the request is framed as access to Gmail message content, North Carolina law generally requires proof of the decedent’s consent or a court order directing disclosure, which can trigger additional hurdles.
Not providing certified documents: Custodians often reject packets that include photocopies rather than certified copies (especially for death certificates and letters). Even small errors (like name mismatches) can cause repeated denials.
Missing account identifiers or linkage proof: A custodian may require the email address, username, or other unique identifier, plus evidence tying that account to the decedent (for example, prior statements, device screenshots, or other records).
Overbroad requests and “undue burden” objections: If the request is too broad, the custodian may refuse and force a narrower request or a court order. North Carolina law allows the court to order a limited subset, full production, no production, or in-camera review.
Trying to log in as the decedent: Even with authority, a fiduciary should avoid impersonating the decedent or bypassing access controls in ways that violate terms of service. A formal disclosure request and/or court order is usually the cleanest path.

Conclusion

In North Carolina, an executor with letters testamentary can request a decedent’s Google Photos, but Google may still require a complete statutory packet: a written request, a certified death certificate, certified letters testamentary, and (if requested) account identifiers, proof linking the account to the decedent, and an affidavit showing the request is reasonably necessary for estate administration. If Google continues to deny access, the next step is to file a motion or petition in the estate file and ask the Clerk of Superior Court for an order directing disclosure.

Talk to a Probate Attorney

If a custodian is denying access to a decedent’s digital assets even after letters testamentary, a probate attorney can help prepare a statute-compliant request and, if needed, seek a court order in the estate proceeding. 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.