Guam § 2228 - Electronically Stored Documents of Deceased.

§ 2228. Electronically Stored Documents of Deceased.

(a) As used in this Section, custodian means any person who

electronically stores the documents or information of another person.

(b) A custodian shall provide to the personal representative of the

estate of a deceased person, who was domiciled in Guam at the time of

the person’s death, access to or copies of any documents or information

of the deceased person stored electronically by the custodian upon

receipt by the custodian of:

(1) a written request for access or copies made by the personal

representative, accompanied by a copy of the death certificate and a

certified copy of the personal representative’s letters testamentary;

or

(2) an order of a court having probate jurisdiction of the

deceased person’s estate.

(c) A custodian may not destroy or dispose of the electronically

stored documents or information of the deceased person for two (2) years

after the custodian receives a request or order under Subsection (b).

(d) Nothing in this Section shall be construed to require a

custodian to disclose any information:

(1) in violation of any applicable federal law; or

(2) to which the deceased person would not have been

permitted access in the ordinary course of business by the custodian.