Custodian's Disclosure of Catalogue of Electronic Communications; Circumstances

1. Law
2. Georgia Code
3. Wills, Trusts, and Administration of Estates
4. Revised Uniform Fiduciary Access to Digital Assets
5. Rights of Custodians or Users
6. Custodian's Disclosure of Catalogue of Electronic Communications; Circumstances

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 letters testamentary, letters of administration, or other letters of appointment of the personal representative; and
4. If requested by the custodian:
   1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
   2. Evidence linking the account to the user;
   3. An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
   4. A finding by the court that:
      1. The user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph; or
      2. Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

(Code 1981, §53-13-14, enacted by Ga. L. 2018, p. 1089, § 1/SB 301.)

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