58-4808. 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 the letter of appointment of the representative or a small estate affidavit or court order; and
(d) 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:
(A) The user had a specific account with the custodian, identifiable by the information specified in subsection (d)(1); or
(B) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
History: L. 2017, ch. 19, § 8; July 1.