Miss. Code § 91-23-15

Current through the 2024 Regular Session
Section 91-23-15 - 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 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 letters of administration or letters testamentary of the representative; 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:
1. The user had a specific account with the custodian, identifiable by the information specified in subparagraph (i); or
2. Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

Miss. Code § 91-23-15

Added by Laws, 2017, ch. 419, HB 849, 8, eff. 7/1/2017.