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Official Code of Georgia Annotated

Title 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES · Chapter 13. REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS · Article 2. RIGHTS OF CUSTODIANS OR USERS

53-13-18. Trustee’s requirements for disclosure by custodian.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. 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 the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:

  2. (1)

    A written request for disclosure in physical or electronic form;#

  3. (2)

    A certified copy of the trust instrument or a certification of the trust under Code Section 53-12-280 that includes consent to disclosure of the content of electronic communications to the trustee;#

  4. (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#

  5. (4)

    If requested by the custodian:#

    1. (A)

      A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account; or#

    2. (B)

      Evidence linking the account to the trust.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 53-13-18, 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).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t52-t53-(v40)-2021-pdf.pdf, Volume V40, 2021 edition, page 978; merge action: carried; file SHA-256 062775612dfc.

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