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Indiana Code Title 32. Property § 32-39-2-5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 5. Unless the user prohibited disclosure of the user's digital assets or a court directs otherwise, a custodian shall disclose to the 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 personal representative gives the custodian:

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

(2) a certified or authenticated copy of the death certificate of the user;

(3) a copy of the letters (as defined in IC 29-1-1-3(a)(21)) of the personal representative or of the order of no supervision or order of unsupervised administration issued to the personal representative under IC 29-1-7.5;  or

(4) if requested by the custodian:

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

(B) evidence linking the account to the user;

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

(D) a finding by the court that:

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

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

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Cite this article: FindLaw.com - Indiana Code Title 32. Property § 32-39-2-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-32-property/in-code-sect-32-39-2-5/

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