Arizona Laws 14-13108. Disclosure of other digital assets of deceased user
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 all of the following:
Terms Used In Arizona Laws 14-13108
- Account: means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user. See Arizona Laws 14-13102
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication and the electronic address of the person. See Arizona Laws 14-13102
- Court: means the superior court. See Arizona Laws 14-13102
- Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Arizona Laws 14-13102
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Arizona Laws 14-13102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases or the like. See Arizona Laws 14-13102
- Letters: includes letters testamentary, letters of guardianship, letters of administration and letters of conservatorship. See Arizona Laws 14-1201
- Personal representative: means an executor, an administrator, a special administrator or person that performs substantially the same function under law of this state other than this chapter. See Arizona Laws 14-13102
- User: means a person that has an account with a custodian. See Arizona Laws 14-13102
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, a small-estate affidavit or a court order.
4. If requested by the custodian any of the following:
(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.
(d) A finding by the court of either of the following:
(i) The user had a specific account with the custodian, identifiable by the information specified in subdivision (a) of this paragraph.
(ii) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.