Effective: April 6, 2017
Latest Legislation: House Bill 432 - 131st General Assembly
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 all of the following:
(A) A written request for disclosure in physical or electronic form;
(B) A copy of the death certificate of the user;
(C) A copy of the letter of appointment of the personal representative, the entry appointing a commissioner under division (E) of section 2113.03 of the Revised Code, or the entry granting summary release from administration under division (E) of section 2113.031 of the Revised Code;
(D) If requested by the custodian, any of the following:
(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;
(4) A finding by the court that either of the following applies:
(a) The user had a specific account with the custodian, identifiable by the information specified in division (D)(1) of this section.
(b) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.