DECISION AND ORDER The court grants, only as set forth below, the amended turnover petition of Samantha Small, as the Voluntary Administrator of the estate of decedent Christopher Love, to direct Apple Inc. to assist in the recovery of decedent’s personal digital data as described below (see generally Article 13-A, Estates, Powers and Trusts Law [EPTL]). Petitioner is decedent’s mother. Decedent died at the age of 34. Respondent Apple Inc. did not appear in response to the citation served on it in this matter, but the petition attaches an email from Apple Inc. indicating that a court order is required before access to decedent’s personal data will be provided. The specific directions to be included in the court order – directions that would be found acceptable by Apple Inc. – are provided in Apple’s email. Petitioner requests that the court issue such an order. The court has taken the allegations of the petition as “due proof of the facts therein stated” pursuant to section 509 of the Surrogate’s Court Procedure Act (SCPA). On this record, the court finds that: (1) the decedent’s name was Christopher Love; (2) the decedent’s Apple user ID was that as listed in the petition and decedent was its sole account holder; (3) Petitioner Samantha Small is the Voluntary Administrator and thus the fiduciary of decedent’s estate; (4) as Voluntary Administrator, Petitioner seeks the content of electronic communication and is an “agent” of decedent’s estate, whose authorization may constitute “lawful consent” on behalf of the 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.) (see Matter of Coleman, 63 Misc 3d 609 [Sur Ct Westchester County 2019]); and (5) Petitioner has requested an order directing Apple to assist in the recovery of decedent’s stored personal data, including but not limited to music, photographs, text messages, and email correspondence, which may contain third-party personally identifiable information or date, from the decedent’s account. Based on these findings, the court directs Apple Inc. to assist in the recovery of decedent’s personal digital data, which may include third-party personally identifiable information/data from the decedent’s accounts. In particular, Apple Inc. is directed to provide to Petitioner: (a) a catalogue of electronic communications sent or received by the decedent’s Apple user ID (EPTL 13-A-1[d]; 13-A-3.2); (b) a list of contacts stored under decedent’s Apple user ID (Matter of Serrano, 56 Misc 3d 497 [Sur Ct, NY County 2017]; EPTL 13-A-1[d]) (c) decedent’s calendar stored under his Apple user ID (Matter of Serrano, supra); (d) a list of file names stored under his Apple user ID, including iPhone, iCloud and/or iTunes account (EPTL 13-A-3.2); and (e) access to other digital assets, other than the content of electronic communications, including but not limited to photographs and music (see EPTL 13-A-3.2; Matter of Swezey, NYLJ, Jan. 17, 2019, at 23, col 3 [Sur Ct, NY County 2019]; Matter of Molloy, NYLJ, Jul. 7, 2023, at 7, col 2 [Sur Ct, NY County 2023]). Apple Inc. must assist in the recovery of this data and must provide access to this information within sixty (60) days of service of this decision and order, with a copy of the underlying petition, upon it. The request by Petitioner to reset the password to the accounts, change the email affiliated with the account, and to change the security questions associated with the account is denied at this time without prejudice to Petitioner’s later demonstrating the need to take such actions to administer decedent’s estate (EPTL 13-A-3.1[e][3][D]). This decision constitutes the order of the court. Clerk to Notify. Dated: October 10, 2024
