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 letter of appointment of the representative or a small estate affidavit or court order;
(4) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(5) Evidence linking the account to the user;
(6) A finding by the court that disclosure of the user's digital assets is reasonably necessary for administration of the estate; and
(7) If requested by the custodian, a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subsection (4).
History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.