DECISION and ORDER In this uncontested turnover proceeding (SCPA 2103), Petitioner, the Voluntary Administrator of the estate of Ernesto Giovanni Sanchez, seeks an order directing Apple, Inc. (Apple) to assist in the recovery of decedent’s personal digital assets or data (EPTL Article 13-A). Petitioner, who is decedent’s mother, states in the petition that she wishes to access decedent’s personal information, held under his Apple user ID, which is stored on his computer, iPhone, iCloud, and/or iTunes account, including, but not limited to, music, photographs, text messages, email correspondence, and password information. Apple did not appear in the proceeding, but Petitioner advises that before access to decedent’s personal data will be provided, a court order containing certain directions that would be acceptable to Apple is required. Petitioner requests that the court issue an order containing such directions, and, additionally, asks the court to allow her to reset the password to decedent’s account, change the email affiliated with the account, and change the security questions associated with the account. The uncontroverted petition is proof of the facts alleged in it (SCPA 509). Accordingly, the court finds that (1) decedent’s name was Ernesto Giovanni Sanchez a/k/a Ernesto Geovanni Sanchez; (2) decedent’s Apple user ID is correctly identified in the petition, and decedent was the sole account owner associated with that Apple user ID; (3) Petitioner is the Voluntary Administrator and thus the fiduciary of decedent’s estate; and (4) as Voluntary Administrator, Petitioner is an “agent” of decedent’s estate, whose authorization may constitute “lawful consent” on behalf of decedent to the extent allowed by Article 13-A of the EPTL and by the Stored Communications Act (as part of the Electronic Communications Privacy Act, 18 USC 2701 et seq.). Based on these findings, the court directs Apple to assist in the recovery of decedent’s personal digital data, which may include third-party personally identifiable information/data from decedent’s account (EPTL 13-A-3.2[d] [4] [A]; Matter of Gonzalez, NYLJ, Apr. 12, 2023, at 7, col 1 [Sur Ct, NY County]). In particular, Apple is directed to provide to Petitioner: (1) a list of contacts stored under decedent’s Apple user ID (see Matter of Serrano, 56 Misc 3d 497 [Sur Ct, NY County 2017]); (2) decedent’s calendar stored under his Apple user ID (see id. at 498-499); (3) a list of file names stored under decedent’s Apple user ID (EPTL 13-A-3.2; Matter of Molloy, NYLJ, July 7, 2023, at 7, col 2 [Sur Ct, NY County]); (4) access to digital assets other than the content of electronic communications, including but not limited to, photographs, notes, and music (EPTL 13-A-3.2; Matter of Molloy, supra); and (5) a catalogue of electronic communications sent or received by decedent’s Apple user ID (EPTL 13-A-1[d]; 13-A-3.2). Apple must assist in the recovery of this data and provide access to this information within 60 days of service of this Decision and Order upon it. To the extent Petitioner seeks the content of electronic communications, including email, texts, or other correspondence, sent or received by decedent (EPTL 13-A-3.1), the request is denied without prejudice. Petitioner may amend the petition by affidavit filed with the court no later than 30 days after Apple responds to the above directions. Such affidavit shall: (1) identify the specific digital assets or information she is seeking; (2) explain how disclosure of this data or information is reasonably necessary for the administration of decedent’s estate (EPTL 13-A-3.1[e][3][D]); (3) describe where Petitioner believes such information is stored (e.g., iCloud, iTunes, etc.); and (4) state whether decedent provided any direction for disclosure of his digital assets or provided consent for Petitioner to access this data, as provided in EPTL 13-A-2.2 (see Matter of Molloy, supra; Matter of Gonzalez, supra). Petitioner’s request to reset the password to the account, change the email affiliated with the account, and change the security questions associated with the account is also denied without prejudice. Petitioner may provide an affidavit identifying the nature and extent of the information that such actions would disclose as well as demonstrating the need to take such actions to administer decedent’s estate (see Matter of Molloy, supra). Based on the foregoing, the petition is granted to the extent indicated in this decision, which constitutes the order of the court. Clerk to notify. Dated: July 2, 2024
