Disclosure of other digital assets of deceased user

Colo. Rev. Stat. § 15-1-1508, under Probate, Trusts, and Fiduciaries.

Colo. Rev. Stat. § 15-1-1508

(1) 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 catalog 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:

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

(b) A certified copy of the death certificate of the user;

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

(d) If requested by the custodian:

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

(II) Evidence linking the account to the user;

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

(IV) A finding by the court that:

(A) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (I) of this paragraph (d); or

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

Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 184, � 1, effective August 10.