Disclosure of other digital assets of deceased user

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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 written request for disclosure in physical or electronic form;

A certified copy of the death certificate of the user;

A certified copy of letters of administration or letters testamentary of the representative; and

If requested by the custodian:

A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

Evidence linking the account to the user;

An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or

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.


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