Haw. Rev. Stat. § 556A-8

Current through the 2024 Legislative Session
Section 556A-8 - Disclosure of other digital assets of deceased user

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 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 small estate affidavit 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.

HRS § 556A-8

Added by L 2016, c 162,§ 1, eff. 7/1/2016.