Effective - 28 Aug 2018
472.435. Catalogue of electronic communications disclosed to personal representative, when. — 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:
(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 or letters of administration of the representative or a certified copy of certificate of clerk in connection with a small-estate affidavit or court order; and
(4) If requested by the custodian for the purpose of identifying the correct account of the correct user:
(a) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(b) Evidence linking the account to the user;
(c) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(d) A finding by the court that:
a. The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision; or
b. Disclosure of the user's digital assets is reasonably necessary for administration of the estate.
--------
(L. 2018 H.B. 1250)