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:
 1. A written request for disclosure in physical or electronic form.

Terms Used In Iowa Code 638.8

  • 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 Iowa Code 638.2
  • 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 Iowa Code 638.2
  • Court: means a district court in this state. See Iowa Code 638.2
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Iowa Code 638.2
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Iowa Code 638.2
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Iowa Code 638.2
  • Personal representative: means the same as defined in section 633. See Iowa Code 638.2
  • User: means a person that has an account with a custodian. See Iowa Code 638.2
 2. A certified copy of the death certificate of the user.
 3. A certified copy of the letters of appointment of the personal representative, an original affidavit made pursuant to section 633.356, or a file-stamped copy of the court order authorizing the personal representative to administer the user’s estate.
 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 any of the following:

 (1) The user had a specific account with the custodian, identifiable by the information specified in paragraph “a”.
 (2) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.
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