Estate Publicity Rights Toolkit: State Registrations, Licensing Terms, and Enforcement Letters

Summary. This toolkit collects the working papers an estate needs to own, register, license, and enforce a deceased person's publicity rights, each introduced by its purpose, its owner, and when to use it. It includes a domicile evidence memo, a persona and estate inventory, a state rights map, and registration worksheets for California and New York. The licensing papers cover an assignment from the estate or trust to a licensing company, an approval process and decision matrix, a license term sheet, a licensing agency term sheet, and a digital replica consent addendum for AI voices and likenesses. The enforcement papers include a demand letter for commercial misuse, a very different letter for expressive works, a marketplace takedown notice, a use and enforcement log, and an appraisal information request for estate tax. A running example follows a fictional actress's estate through every template, and the drafting notes tie each clause to the governing statute or case.

An estate's publicity program lives or dies on paperwork. The right itself is invisible: no certificate, no registration number in most states, no fixed list of what it covers. What makes it usable is a file that proves where the person lived, who owns the right now, what has been registered, what has been licensed on what terms, and what the estate has done about misuse. This toolkit is that file.

How to use this toolkit

Each template states its purpose, its owner (the person who prepares or signs it), and when to use it, followed by the template and drafting notes. Bracketed capitals are placeholders. Keep one numbering scheme across the file: D- for domicile evidence, I- for inventory items, L- for licenses, U- for unauthorized uses. A demand letter can then refer to "U-07" and the log will tell anyone exactly what that is.

The sequence of tasks is explained in Managing and Licensing a Deceased Person's Publicity Rights: A Practical Guide for Estates, and the underlying doctrine in The Post-Mortem Right of Publicity: Who Controls a Deceased Person's Name, Image, and Voice. Users clearing a project against an estate's rights should work from Post-Mortem Publicity Rights Clearance Checklist: A Practical Checklist, which mirrors these templates from the other side.

Running example. June Okafor, an actress and singer known for a long-running television drama and two platinum albums, died on March 3, 2024, at her home in Los Angeles. Her will leaves all intellectual property, "including my rights of publicity," to the Okafor Family Trust, whose trustee is her brother, Samuel Okafor. Her son, Daniel, and daughter, Grace, are the trust's beneficiaries. June also kept an apartment in Manhattan, where she spent several months a year doing theater. The trust forms Okafor Legacy LLC to run the program.

Template 1: Domicile evidence memo

Purpose: establish and document the decedent's domicile at death, the fact that usually decides whether a post-mortem right exists. Owner: estate counsel, reviewed by publicity counsel. When to use: before the probate petition or any tax filing describes the decedent's residence.

PRIVILEGED AND CONFIDENTIAL / ATTORNEY WORK PRODUCT

To: [EXECUTOR / TRUSTEE]
From: [COUNSEL]
Re: Domicile of [DECEDENT] at death on [DATE]

1. Conclusion. [DECEDENT] was domiciled in [STATE] at death.
   Confidence: [HIGH / MODERATE / CONTESTED].

2. Residences in the five years before death.
   [ADDRESS 1] - [OWNED/RENTED] - approx. [DAYS] per year
   [ADDRESS 2] - [OWNED/RENTED] - approx. [DAYS] per year

3. Evidence (numbered D-01 onward).
   D-01 State income tax returns [YEARS]: filed as [RESIDENT/NONRESIDENT] of [STATE]
   D-02 Voter registration: [STATE], last voted [DATE]
   D-03 Driver's license: [STATE], issued [DATE]
   D-04 Homestead / property tax exemption: [STATE / NONE]
   D-05 Will: executed in [STATE], chooses [STATE] law: [YES/NO]
   D-06 Location of personal effects, pets, papers: [DESCRIBE]
   D-07 Physicians, accountant, lawyer: [STATE]
   D-08 Public statements about "home": [SOURCES]
   D-09 Prior filings by the estate describing residence: [LIST, OR NONE YET]

4. Contrary evidence and how it is answered. [DESCRIBE]

5. Consequences.
   Publicity right under [STATE] law: [EXISTS / DOES NOT EXIST]; term [YEARS].
   State estate or inheritance tax exposure: [DESCRIBE].
   Trade-offs considered: [DESCRIBE].

6. Instructions. All filings must describe [DECEDENT] as domiciled in [STATE].
   Any proposed filing inconsistent with this memo must be reviewed by counsel.

Sample entries. June filed California resident returns every year, voted in Los Angeles, held a California license, and kept her pets, papers, and doctors there. The Manhattan apartment was rented for theater seasons of three to four months. Conclusion: California, high confidence.

Drafting notes. The memo exists to prevent the Monroe problem. Her executors described her as a New York domiciliary for decades, and her successors were held to it in Milton H. Greene Archives, Inc. v. Marilyn Monroe LLC, 692 F.3d 983 (9th Cir. 2012). Courts look to domicile law to decide whether a post-mortem right exists, as in Cairns v. Franklin Mint Co., 292 F.3d 1139 (9th Cir. 2002). Paragraph 6 is the operative instruction: circulate it to probate counsel, the tax preparer, and anyone who speaks to the press.

Template 2: Persona and estate inventory

Purpose: list every identity element, every asset that carries it, and every contract that grants rights in it. Owner: executor or trustee, with an archivist for large collections. When to use: first pass within 90 days; update continuously.

Sample entries. I-03: two albums, masters owned by the label; 140 hours of interviews owned by the estate. I-10: a 2019 studio agreement granting a right to "digitally alter" June's performance in one film, limited to that film. I-11: a 2021 interview in which June said she "would haunt anyone who made a hologram of me." I-12: U-01, a print-on-demand shop selling June Okafor mugs.

Drafting notes. Separate the persona from the materials. The estate may own the right to use June's voice for advertising while the label owns the recordings, the same split litigated in Facenda v. N.F.L. Films, Inc., 542 F.3d 1007 (3d Cir. 2008). Digital accounts are covered in Digital Assets in Estate Planning: RUFADAA, Cryptocurrency, and Online Accounts, and the general probate inventory in Estate Administration Toolkit: Petitions, Notices, Inventories, and Accountings. The inventory doubles as the appraiser's starting data for Template 15.

Template 3: State rights map

Purpose: record, for this decedent, which states' laws protect the persona and on what terms. Owner: publicity counsel. When to use: month one; review every January.

Sample entries. California: yes, through March 3, 2094, registration needed for damages. Indiana: yes for Indiana acts, through 2124. Washington: yes as a personality, through 2099. New York: no, because June was not a New York domiciliary, even though she worked there.

Drafting notes. Indiana's statute applies to acts in Indiana "regardless of a personality's domicile, residence, or citizenship" under Ind. Code § 32-36-1-1. Washington's applies regardless of domicile under Wash. Rev. Code § 63.60.010, upheld on narrow facts in Experience Hendrix L.L.C. v. HendrixLicensing.com Ltd., 762 F.3d 829 (9th Cir. 2014). Tennessee's continuing-use rule is in Tenn. Code Ann. § 47-25-1104.

Template 4: California registration worksheet

Purpose: gather the information for the successor-in-interest filing with the California Secretary of State. Owner: publicity counsel. When to use: as soon as the claimant is reasonably clear, and again after any assignment.

Sample entries. Claimant: Okafor Legacy LLC. Basis: will dated June 12, 2018, specific bequest of rights of publicity to the Okafor Family Trust; assignment from trustee to Okafor Legacy LLC dated [DATE]. Rights claimed: entire interest. Filed April 2024, before any demand letter.

Drafting notes. Under Cal. Civ. Code § 3344.1, a successor or licensee may not recover damages for a use that occurs before it registers. The verified filing identifies the deceased personality, date of death, claimant, basis, and rights claimed, and the Secretary of State makes registrations public. Register first, send demands second. If the claimant changes after an assignment, file again in the new owner's name. Where the decedent died long ago, note California's 2007 amendment confirming that rights of personalities who died before January 1, 1985 are deemed to have existed at death and can pass through a residuary clause, enacted after Shaw Family Archives Ltd. v. CMG Worldwide, Inc., 486 F. Supp. 2d 309 (S.D.N.Y. 2007).

Template 5: New York registration worksheet

Purpose: gather the information for registering a claim to a deceased personality's or deceased performer's rights with the New York Secretary of State. Owner: publicity counsel. When to use: for a New York domiciliary who died on or after May 29, 2021, before asserting any claim.

Sample entries. Not applicable to June Okafor, who was domiciled in California. For illustration, a second estate: Theo Marsh, a Broadway dancer domiciled in Brooklyn, died November 2023. Category: both. Claimant: Marsh Heritage LLC.

Drafting notes. N.Y. Civ. Rights Law § 50-f conditions the assertion of a deceased personality claim on registration, declares the post-mortem right freely transferable and descendible property, and separately protects deceased performers against certain unauthorized digital replicas. Do not file in New York for a decedent the estate maintains was domiciled elsewhere; a filing asserting New York eligibility is evidence of New York domicile and could be used against the estate's position in other states.

Template 6: Assignment of publicity rights and related marks to the licensing company

Purpose: move clean title from the estate or trust into the entity that will license and enforce. Owner: executor or trustee, with probate counsel. When to use: after title is clear (Step 4 of the guide) and before the first major license.

ASSIGNMENT OF RIGHTS OF PUBLICITY, TRADEMARKS, AND GOODWILL

This Assignment is made on [DATE] by [EXECUTOR OF THE ESTATE OF / TRUSTEE OF
THE] [NAME] ("Assignor") to [LLC NAME], a [STATE] limited liability company
("Assignee").

1. Rights of publicity. Assignor assigns to Assignee all of Assignor's right,
   title, and interest in and to the rights of publicity of [DECEDENT]
   (deceased [DATE]), including all rights in [DECEDENT]'s name, professional
   names, voice, signature, photograph, likeness, and other indicia of
   identity, under the law of every jurisdiction, together with all claims
   for past, present, and future infringement.
2. Trademarks. Assignor assigns the trademarks and applications listed in
   Schedule A, together with the goodwill of the business symbolized by them.
3. Copyrights (if any). Assignor assigns the copyrights listed in Schedule B.
4. Authority. Assignor makes this Assignment under [ARTICLE __ OF THE WILL /
   SECTION __ OF THE TRUST / ORDER OF THE ___ COURT DATED __].
5. Further assurances. Assignor will sign registrations, recordations, and
   other documents reasonably needed to confirm Assignee's title.
6. Recording. Assignee may record this Assignment with the USPTO, the
   Copyright Office, and any state registry.

[SIGNATURE BLOCKS; NOTARY ACKNOWLEDGMENT]
Schedule A: Trademarks   Schedule B: Copyrights

Drafting notes. A trademark assignment must carry goodwill under 15 U.S.C. § 1060; record it with the USPTO. Copyright transfers may be recorded under 17 U.S.C. § 205. California's statute treats the post-mortem right as transferable "in whole or in part" by contract or trust. Paragraph 4 is what a licensee's diligence team will check first, so cite the exact source of authority. Update the California and New York registrations after signing.

Template 7: Approval process and decision matrix

Purpose: set who decides which uses, and how fast. Owner: LLC manager; adopted by the members. When to use: before the first license; attach to the operating agreement.

Drafting notes. Silence should mean no. Brand standards and approval rights also protect the estate's trademarks from a naked-licensing challenge; see Trademark Licensing and Quality Control: How Naked Licensing Kills a Brand. Where California's statutory heirs hold the right in shares, the statute lets holders of more than one-half exercise it, but a matrix agreed by everyone avoids the fight.

Template 8: License term sheet

Purpose: a one-page set of business terms that becomes the long-form license. Owner: LLC manager and counsel. When to use: every commercial license.

Drafting notes. The "no present endorsement" row matters because the FTC's guides at 16 C.F.R. Part 255 require endorsements to reflect the endorser's honest opinions, which a deceased person cannot give about a new product, and because an implied endorsement can mislead consumers in the sense that matters under 15 U.S.C. § 1125(a). Never use "all media now known or later devised" without carving out digital replicas. Choosing the domicile state's law reinforces the estate's domicile position. More royalty and audit language is in Entertainment Licensing Toolkit: Royalty Schedules, Approval Processes, and Audit Provisions and Brand Licensing Toolkit: License Terms, Quality Programs, and Audit Rights.

Template 9: Licensing agency term sheet

Purpose: engage an agency to source and manage deals without giving away the rights. Owner: LLC manager and counsel. When to use: before signing any agency agreement.

Drafting notes. The single most important line is the first. An agency that takes an assignment can become a competing claimant. Post-term commission tails are where most agency disputes arise; limit them to the initial term of deals signed during the agency's tenure.

Template 10: Digital replica consent addendum

Purpose: authorize a specific digital replica use under tight controls, and nothing more. Owner: LLC manager, approved by all members; counsel drafts. When to use: any synthetic or materially altered voice or likeness, any model trained on the decedent, and any use the production's union agreement treats as a digital replica.

DIGITAL REPLICA ADDENDUM to [LICENSE / PRODUCTION AGREEMENT] dated [DATE]

1. Definitions. "Replica" means any computer-generated or materially
   altered representation of [DECEDENT]'s voice or visual likeness that is
   readily identifiable as [DECEDENT], including outputs of any model trained
   on [DECEDENT]'s voice, image, or performances.
2. Authorized use. Licensee may create and use Replicas solely in [PROJECT],
   in the scenes or segments described in Exhibit 1, for the media and term
   in Section [__] of the Agreement. No other use is authorized.
3. Script and output approval. Licensor approves (a) the script, lyrics, or
   text the Replica will speak or sing; (b) storyboards; (c) all outputs
   before inclusion; and (d) the final cut of each scene. Silence is
   disapproval.
4. Prohibited content. No Replica may (a) endorse any product or service;
   (b) express political, religious, or social views; (c) appear in sexual
   or violent content; (d) be presented as an authentic recording;
   (e) contradict [DECEDENT]'s written wishes listed in Exhibit 2.
5. Model and data. Any model trained for this project ("Model") is used
   only for this project. Training data is limited to the materials in
   Exhibit 3. Licensee will not use the Model, the training data, or any
   output for any other purpose, and will not permit any vendor to do so.
   Within [30] days after [COMPLETION / TERM END], Licensee will [DELETE /
   DELIVER TO LICENSOR] the Model and training data and certify in writing.
6. Disclosure. The work and its marketing will state that [DECEDENT]'s
   [VOICE / IMAGE] was digitally created with the permission of [LLC].
7. Union and third-party consents. Licensee is responsible for all
   consents and payments required by any collective bargaining agreement
   and by owners of source recordings or footage.
8. Compensation. [FEE / ROYALTY]; audit rights per the Agreement.
9. Withdrawal. Licensor may withdraw approval of any unreleased output, and
   may require removal of any released Replica that breaches Section 4.
10. Compliance. Licensee will comply with Cal. Civ. Code § 3344.1, N.Y. Civ.
    Rights Law § 50-f, Tenn. Code Ann. § 47-25-1101 et seq., and other
    applicable digital replica laws.

Sample entries. A streaming studio wants a 90-second scene in a biopic in which a digitally de-aged June sings a song she performed live but never recorded. Exhibit 1 describes the scene; Exhibit 2 quotes June's 2021 interview and bars holograms or live appearances; Exhibit 3 lists the estate's interview recordings and the label-licensed album masters.

Drafting notes. California's 2024 amendment to § 3344.1 (AB 1836) makes it actionable to produce or distribute a digital replica of a deceased personality in an expressive audiovisual work or sound recording without consent, with damages of the greater of $10,000 or actual damages, subject to exceptions. A biopic that portrays June as herself may fall within the documentary or biographical exception unless it creates a false impression that the performance is authentic, but a consent addendum removes the question. New York's § 50-f addresses deceased performers' replicas in scripted works and live musical performances; the legislature passed a bill in June 2025 to remove its disclaimer provision, so confirm the version in force. SAG-AFTRA's 2023 agreement requires producers to obtain consent from a deceased performer's authorized representative; Section 7 puts that burden on the licensee. Section 5 matters because a vendor that keeps a trained model holds the most dangerous asset in the deal. For context, see Name, Image, Likeness, and Digital Replicas: The ELVIS Act, the NO FAKES Act, and Deepfake Law.

Template 11: Demand letter for commercial misuse

Purpose: stop an unlicensed commercial use and preserve claims. Owner: counsel for the licensing company. When to use: merchandise, advertising, endorsements, product names, and AI products that trade on the persona, after registration (Template 4 or 5) and after confirming the use is commercial.

[DATE]

VIA EMAIL AND OVERNIGHT DELIVERY
[RECIPIENT NAME AND ADDRESS]

Re: Unauthorized commercial use of the name and likeness of [DECEDENT]
    Our reference: [U-__]

Dear [NAME]:

We represent [LLC], which owns the rights of publicity of the late
[DECEDENT] and the trademarks listed below. [LLC]'s claim is registered
with the [CALIFORNIA / NEW YORK] Secretary of State [REGISTRATION NO.,
DATE].

You are [selling / advertising / offering] [DESCRIBE PRODUCT OR AD] at
[URL / LOCATION], which uses [DECEDENT]'s [name / photograph / likeness /
voice / signature] without authorization. Copies are enclosed as
Exhibits A through [__], captured on [DATES].

This use is a commercial use on products and in advertising. It violates
[Cal. Civ. Code § 3344.1 / N.Y. Civ. Rights Law § 50-f / OTHER], which
provides for [statutory damages of the greater of $__ or actual damages,
profits attributable to the use, punitive damages, and attorney's fees].
It also suggests that [DECEDENT] or [LLC] sponsors or approves your
product, in violation of 15 U.S.C. § 1125(a), and infringes [LLC]'s
registered marks [REG. NOS.] under 15 U.S.C. § 1114.

We ask that you, by [DATE, 10 TO 14 DAYS]:
1. Stop all use of [DECEDENT]'s name, likeness, voice, and signature and
   [LLC]'s marks;
2. Remove all listings and advertising, and confirm the removal in writing;
3. Identify all units made and sold, revenue received, and your suppliers;
4. Preserve all documents and data relating to these products; and
5. Contact us to discuss resolution of [LLC]'s claims for past use.

If you would like to discuss a license, we are open to that conversation
once the unauthorized use has stopped.

Nothing in this letter waives any right or remedy.

Sincerely,
[COUNSEL]

Sample entries. U-01, the print-on-demand mug shop: California registration filed April 2024; mugs with a publicity photo of June and the phrase "June Okafor Forever," captured May 2024. Claims under § 3344.1 and § 1125(a); no registered mark yet in the mug class.

Drafting notes. Cite only claims you can support. California's damages floor and fee provision appear in § 3344.1, and fees run to the prevailing party, which cuts both ways. The Lanham Act counts give remedies under 15 U.S.C. § 1114 and 15 U.S.C. § 1117 and do not depend on domicile. Look-alike and sound-alike theories under § 1125(a) have succeeded for living plaintiffs in Downing v. Abercrombie & Fitch, 265 F.3d 994 (9th Cir. 2001). If the estate will seek a preliminary injunction under Fed. R. Civ. P. 65, gather evidence of economic harm early; the Presley estate lost preliminary relief on its publicity claim for want of that showing in Estate of Presley v. Russen, 513 F. Supp. 1339 (D.N.J. 1981), while winning it on trademark grounds. General demand drafting is covered in Right of Publicity Toolkit: Releases, NIL Agreements, and Takedown Demands.

Template 12: Response letter for expressive works

Purpose: engage with a film, book, documentary, or article about the decedent without making a demand the law will not support. Owner: counsel. When to use: any expressive work, including one the family dislikes.

[DATE]

[PRODUCER / PUBLISHER NAME AND ADDRESS]

Re: [TITLE OF WORK] concerning the late [DECEDENT]

Dear [NAME]:

We represent [LLC], which manages the name, likeness, and archives of the
late [DECEDENT]. We understand you are [producing / publishing] [TITLE].

[LLC] recognizes that biographical and documentary works about public
figures are protected expression, and this letter is not a demand.
We write for three reasons:

1. Materials. [LLC] owns [photographs / recordings / letters] that may be
   useful to your project, which can be licensed on customary terms.
2. Accuracy. The family is willing to answer factual questions and to
   review a fact list (not the work) for errors.
3. Commercial uses. Any product, sponsorship, or advertisement for goods
   other than the work itself that uses [DECEDENT]'s name or likeness, and
   any digitally created voice or likeness of [DECEDENT], would require a
   license from [LLC]. Please let us know if any such use is planned.

Sincerely,
[COUNSEL]

Drafting notes. This letter exists because demand letters against protected works fail and can backfire. Fictionalized and biographical works were protected in Hicks v. Casablanca Records, 464 F. Supp. 426 (S.D.N.Y. 1978) and de Havilland v. FX Networks, LLC, 21 Cal. App. 5th 845 (2018); titles using a real name are protected under Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989) unless used as a source identifier, the limit drawn in Jack Daniel's Properties, Inc. v. VIP Products LLC, 599 U.S. 140 (2023). Paragraph 3 preserves the estate's position on the uses it can control: embedded commercial uses and digital replicas. Products that merely reproduce a likeness, like the literal T-shirt portraits in Comedy III Productions, Inc. v. Gary Saderup, Inc., 25 Cal. 4th 387 (2001), belong under Template 11, not this one. Anti-SLAPP exposure is discussed in Anti-SLAPP Statutes and Strategic Litigation Against Public Participation, and the defense-side papers are in Publicity and Free Speech Toolkit: Transformative Use Memos, Newsworthiness Analyses, and Anti-SLAPP Motions.

Template 13: Marketplace takedown notice

Purpose: remove infringing listings quickly through a platform's intellectual property complaint process. Owner: LLC staff, with counsel's template. When to use: online listings of merchandise using the name, image, or marks.

Rights owner: [LLC]
Contact: [NAME, EMAIL, PHONE, ADDRESS]
Right asserted: [Registered trademark REG. NO. __ for __] and/or
                [Right of publicity of the late DECEDENT, registered with
                 the CALIFORNIA Secretary of State, NO. __]
Listings: [URL 1], [URL 2], ...  (log numbers U-__)
Description: The listings sell [PRODUCT] bearing [DECEDENT]'s
             [name / photograph] and/or the mark [MARK] without authorization.
Statement: I have a good faith belief that the use is not authorized by
           the rights owner, its agent, or the law. The information in this
           notice is accurate, and I am authorized to act for the rights owner.
Signature: [NAME], [TITLE], [DATE]

Drafting notes. Platforms process trademark complaints faster than publicity complaints, which is one reason the guide's Step 6 recommends registering marks early. Do not file copyright takedowns unless the estate owns the copyright in the image; a photograph owned by a photographer is not the estate's to take down. Record every notice in Template 14.

Template 14: Use and enforcement log

Purpose: record every licensed use and every unauthorized use, with the response. Owner: LLC staff. When to use: continuously; review quarterly.

Drafting notes. For a Tennessee decedent, the L-entries are the proof that defeats a claim of two years' non-use after the first decade under Tenn. Code Ann. § 47-25-1104. For every estate, the log supports trademark use, valuation, and the damages case in any lawsuit.

Template 15: Appraisal information request

Purpose: give the appraiser what it needs to value the publicity right as of the date of death. Owner: executor and tax adviser. When to use: promptly after death; the federal estate tax return is due nine months after death under 26 U.S.C. § 6075, with extensions available.

To: [APPRAISER]
Re: Valuation of the right of publicity of [DECEDENT] as of [DATE OF DEATH]

Enclosed or available on request:
1. Domicile memo (Template 1) and state rights map (Template 3)
2. Inventory (Template 2), with ownership of recordings, footage,
   photographs, copyrights, and trademarks
3. Licensing income for the [5] years before death, by licensee and category
4. Licenses and proposals pending at death, with term sheets
5. Endorsement and merchandise offers received before death
6. Known restrictions: written wishes, lifetime grants, family policies
7. Reputation factors at death [DESCRIBE]
8. Costs of running a licensing program (agency commissions, legal, staff)

Please (a) value the right at fair market value under the willing-buyer,
willing-seller standard; (b) separate income attributable to copyrights,
masters, and other separately owned assets; (c) limit projections to
income reasonably foreseeable at the date of death; and (d) state the
remaining statutory term and domicile risk you assumed.

Drafting notes. The right is included in the gross estate under 26 U.S.C. § 2033 and valued under 26 U.S.C. § 2031 and the regulations at 26 C.F.R. Part 20. Instructions (b) and (c) track Estate of Jackson v. Commissioner, T.C. Memo. 2021-48, where the Tax Court rejected the estate's $2,105 value and the IRS's much larger figures, separated income from catalogs the estate owned separately, considered only foreseeable income, and valued Michael Jackson's image and likeness at about $4.15 million. The broader tax framework is in The Federal Estate and Gift Tax: Exemptions, Portability, and Lifetime Transfer Planning.

Frequently asked questions

Which template should an estate prepare first? Template 1. Every other paper depends on where the decedent was domiciled, and early filings can lock in the wrong answer.

Can the licensing company register in California if probate is still open? Yes, if its claim is reasonably clear, for example under a specific bequest to a trust that has assigned the right. File again if the claimant changes. Waiting costs damages for every unauthorized use in the meantime.

Do licensees need to register too? California's statute allows licensees to register, and a licensee that will sue in its own name should. Most licenses leave enforcement to the licensor; say so in Template 8.

Should the estate ever send Template 11 to a filmmaker? Only for a commercial use embedded in or attached to the film, such as a product tie-in, or for an unauthorized digital replica where a statute requires consent. The film itself gets Template 12.

What if an AI company has already released a voice model of the decedent? Capture the evidence, check the domicile state's digital replica rules and the ELVIS Act if Tennessee law applies, send Template 11 adapted to the product, and consider a platform complaint. A model marketed under the decedent's name also raises Lanham Act claims.

Practical takeaways

• Build the file in order: domicile, inventory, state map, registration, assignment.
• Register in California and New York where those laws apply, before demanding anything.
• License the agency, never assign to it, and keep approvals in the estate's hands.
• Treat digital replicas as their own deal, with script and output approval and control of the model.
• Send demand letters to commerce and cooperation letters to storytellers.
• Log every use; the log is evidence for Tennessee, for trademarks, for damages, and for valuation.

This document is general information, not legal advice for any particular situation; the law changes, state statutes are amended frequently, and the facts matter.

Related Documents

Related Articles

• The Post-Mortem Right of Publicity: Who Controls a Deceased Person's Name, Image, and Voice: the law behind every template.
• Who Will Inherit Your Intellectual Property?: planning that makes these templates easier to use.
• Name, Image, Likeness, and Digital Replicas: The ELVIS Act, the NO FAKES Act, and Deepfake Law: background for Template 10.
• Trademark Licensing and Quality Control: How Naked Licensing Kills a Brand: why Templates 7 and 8 insist on approvals.

Related Guides

• Managing and Licensing a Deceased Person's Publicity Rights: A Practical Guide for Estates: when and why each template is used.
• Licensing and Protecting Name, Image, and Likeness: A Practical Guide: license negotiation from both sides.
• Resolving a Trademark Ownership Dispute: A Practical Guide: when family members or former managers claim the marks.

Related Checklists

• Post-Mortem Publicity Rights Clearance Checklist: A Practical Checklist: the user's side of these templates.
• Probate and Estate Administration Checklist: A Practical Checklist: the administration tasks around the program.
• Trademark License and Quality Control Checklist: A Practical Checklist: quality control for licensed marks.

Related Toolkits

• Right of Publicity Toolkit: Releases, NIL Agreements, and Takedown Demands: releases and general takedown forms.
• Estate Administration Toolkit: Petitions, Notices, Inventories, and Accountings: probate forms that sit beside Template 2.
• Entertainment Licensing Toolkit: Royalty Schedules, Approval Processes, and Audit Provisions: additional royalty and audit clauses.
• Brand Ownership Toolkit: Assignment Agreements, Founder IP Clauses, and Ownership Evidence Files: assignment and ownership-evidence forms for marks.