Unless the user prohibited disclosure of digital assets or the 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 representative
gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the death certificate of the user;
(3) A certified copy of the letter of appointment of the representative, or a small
estate affidavit or court order; and
(4) If requested by the custodian:
(a) A number, user name, or address, or other unique subscriber 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 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 (a) of this subsection; or
(ii) Disclosure of the user's digital assets is reasonably necessary for administration
of the estate.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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