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:

  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 any of the following: the letters of administration or letters testamentary appointing the personal representative; a small-estate affidavit under title 30, chapter 4; or a court order; and
  4. 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:
      1. The user had a specific account with the custodian, identifiable by the information specified in subdivision (4)(A); or
      2. Disclosure of the user's digital assets is reasonably necessary for administration of the estate.


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