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 copy of the death certificate of the user; (3) a copy of letters testamentary, letters of administration or court order; and
(4) if requested by the custodian: (A) a number, username, 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 subparagraph (A); or (ii) disclosure of the user’s digital assets is reasonably necessary for administration of the estate.
History: (Act 2017-316, §1.)