Dec202025
Probate Q&A Series

What documents or legal actions are needed to compel a service provider to release a decedent’s digital content? – North Carolina

Short Answer

In North Carolina, a personal representative usually starts by sending the service provider a written disclosure request with a certified death certificate and certified letters testamentary (or letters of administration). Under North Carolina’s digital assets law, that package can require disclosure of many non-content digital assets (like a catalogue and stored photos), but providers often also require proof of the decedent’s consent or a court order. If the provider still refuses, the personal representative can file an estate proceeding with the Clerk of Superior Court and ask for an order compelling disclosure and, if needed, use subpoena power in that estate proceeding.

Understanding the Problem

In North Carolina probate, a common question is: can a personal representative (executor) force a technology company to turn over a deceased person’s digital content, such as photos stored in an online account, when the personal representative already has letters testamentary and the estate is open? The decision point is whether the service provider will accept probate authority and required documentation, or whether a court order in an estate proceeding is needed to compel disclosure. This issue often comes up when frontline customer support denies access or when courthouse staff state they cannot provide further help beyond opening the estate.

Apply the Law

North Carolina has a statute framework that allows fiduciaries (including a personal representative of a decedent’s estate) to request disclosure of a deceased user’s digital assets from a “custodian” (the service provider). The law draws an important distinction between (1) the “content of electronic communications” (typically the substance of emails, messages, and other communications) and (2) other digital assets (such as many stored files and photos). When a provider will not comply voluntarily, the personal representative can ask the Clerk of Superior Court (as the probate judge) to enter an order directing disclosure and can use subpoena tools available in contested estate proceedings to obtain needed information or documents.

Key Requirements

  • Proof of authority: The request typically must include certified letters testamentary (or letters of administration) showing the requester is the estate’s personal representative.
  • Death verification and account identification: Providers commonly require a certified death certificate plus enough information to identify the correct account (username/email, subscriber identifiers, and evidence the account belonged to the decedent).
  • Proper legal basis for “content” versus “non-content” assets: For many “non-content” digital assets, the statute allows disclosure with the required documentation unless the user prohibited disclosure. For the “content of electronic communications,” providers often require additional proof of the decedent’s consent (for example, in a will or other record) or a court order directing disclosure.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the widowed spouse is the executor and already has certified letters testamentary and an open estate, which satisfies the “proof of authority” requirement for a disclosure request. For Google Photos, the initial demand package should be built to match the statute’s checklist: a written request, a certified death certificate, and certified letters testamentary, plus account identifiers and evidence linking the account to the decedent. If the provider treats the requested material as “content of electronic communications” or refuses without a court directive, the next step is to ask the Clerk of Superior Court (probate) for an order directing disclosure and making the findings that the statute allows custodians to request.

Process & Timing

  1. Who files: The personal representative (executor), usually through counsel if contested. Where: Clerk of Superior Court in the county where the estate is administered. What: First, a written disclosure request to the custodian with certified documents; if refused, a verified petition in an estate proceeding asking the Clerk to order disclosure and to make any findings the custodian requests (for example, that the account exists and disclosure is reasonably necessary for administration). When: As soon as the digital assets are needed to inventory, value, secure, or distribute estate property; waiting can create preservation problems, especially if accounts are deleted or access is time-limited.
  2. Use estate-proceeding tools if the provider stalls: In a contested estate proceeding, the Clerk can allow use of Rule 45 subpoenas to require a custodian or records custodian to produce records or appear, subject to motions to quash and limits on scope. This can help prove the account exists, identify what data is held, and support the court findings that a provider requests.
  3. Order and compliance: If the Clerk enters an order directing disclosure, the order is served on the custodian like other court process. The custodian may then comply by providing copies, partial access, or other delivery methods allowed by statute; the statute also allows the court to manage undue burden disputes and, in appropriate cases, order an in-camera review.

Exceptions & Pitfalls

  • No consent for communication content: Providers may refuse to disclose the “content of electronic communications” unless the decedent consented in an online tool or in a will/trust/other record, or unless the court orders disclosure. Mixing “photo storage” requests with “email/message content” requests can trigger stricter requirements.
  • Not providing what the custodian can demand: Custodians can request account identifiers, evidence linking the account to the decedent, and an affidavit that disclosure is reasonably necessary for estate administration. If those items are missing, the provider may deny the request even with letters testamentary.
  • Asking for full account access when copies would work: The statute allows custodians to choose how they disclose (full access, partial access, or copies). Framing the request as “copies of specified photos/albums or date ranges” can reduce “undue burden” objections.
  • Wrong forum or wrong procedure: Courthouse staff may not “help” beyond general guidance, but the Clerk of Superior Court has probate jurisdiction and can hear an estate proceeding. A properly filed estate proceeding (with proper service) is different from an informal request at the counter.
  • Deleted assets: A custodian generally does not have to disclose assets the user deleted. Preservation steps should start early.

Conclusion

In North Carolina, compelling a service provider to release a decedent’s digital content usually starts with a written request supported by a certified death certificate and certified letters testamentary, plus enough information to identify the account and show the request is necessary to administer the estate. If the provider will not disclose (especially for communication content), the personal representative can file an estate proceeding with the Clerk of Superior Court and ask for an order directing disclosure and making the statutory findings the custodian requests. The next step is to submit the statutory request package promptly and pursue a clerk order if the custodian refuses.

Talk to a Probate Attorney

If a service provider is refusing to release a decedent’s digital photos or account information even after an estate is opened, an attorney can help prepare a compliant request, target the correct category of digital assets, and pursue a clerk order or subpoena in an estate proceeding 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.

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.