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 letters of administration or letters testamentary of the personal representative or a small estate affidavit pursuant to the provisions of Section 45-3-1201 NMSA 1978; 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 Paragraph (1) of this subsection; or
(b) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
History: Laws 2017, ch. 72, § 8.
ANNOTATIONSEffective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 8 effective January 1, 2018.