Section 119.026 - Disclosure of catalog of electronic communications to personal representative 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 personal 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 personal representative or a simple estate affidavit or court order; and(4) If requested by the custodian:(a) A number, user name, 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: (A) The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subsection; or(B) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.Amended by 2023 Ch. 17, § 21, eff. 1/1/2024.