New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 13-A-3.2 Disclosure of other digital assets of deceased user




Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the executor, administrator or personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the executor, administrator or personal representative gives the custodian:

(a) a written request for disclosure in physical or electronic form;

(b) a copy of the death certificate of the user;

(c) a certified copy of the letter of appointment of the executor, administrator, or personal representative or a small-estate affidavit or court order;  and

(d) if requested by the custodian:

(1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(2) evidence linking the account to the user;

(3) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate;  or

(4) a finding by the court that:

(A) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (1);  or

(B) disclosure of the user's digital assets is reasonably necessary for administration of the estate.


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