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: [2019, c. 417, Pt. A, §107(NEW).]
1.Written request. A written request for disclosure in physical or electronic form; [2019, c. 417, Pt. A, §107(NEW).]
2.Death certificate. A copy of the death certificate of the user; [2019, c. 417, Pt. A, §107(NEW).]
3.Letters of appointment or court order. A copy of the letters of appointment of the personal representative or court order; and [2019, c. 417, Pt. A, §107(NEW).]
4.Information requested by custodian. 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; [2019, c. 417, Pt. A, §107(NEW).]B. Evidence linking the account to the user; [2019, c. 417, Pt. A, §107(NEW).]C. An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or [2019, c. 417, Pt. A, §107(NEW).]D. A finding by the court that: (1) The user had a specific account with the custodian, identifiable by the information specified in paragraph A; or(2) Disclosure of the user's digital assets is reasonably necessary for administration of the estate. [2019, c. 417, Pt. A, §107(NEW).] [2019, c. 417, Pt. A, §107(NEW).]
Added by 2019, c. 417,§ A-107, eff. 6/20/2019.