Kentucky Statutes 395A.080 – 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 the order of appointment of the personal representative, an order dispensing with administration pursuant to KRS § 395.455, or other court order giving access to the personal representative; and
(4) If requested by the custodian:
(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; or
(d) A finding by the court that:
1. The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subsection; or
2. Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.
Effective: July 15, 2020
History: Created 2020 Ky. Acts ch. 63, sec. 7, effective July 15, 2020.
(1) A written request for disclosure in physical or electronic form; (2) A certified copy of the death certificate of the user;
Terms Used In Kentucky Statutes 395A.080
- 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 Kentucky Statutes 395A.020
- 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 Kentucky Statutes 395A.020
- Court: means District Court. See Kentucky Statutes 395A.020
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Kentucky Statutes 395A.020
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Kentucky Statutes 395A.020
- 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 Kentucky Statutes 395A.020
- Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this chapter. See Kentucky Statutes 395A.020
- User: means a person that has an account with a custodian. See Kentucky Statutes 395A.020
(3) A certified copy of the order of appointment of the personal representative, an order dispensing with administration pursuant to KRS § 395.455, or other court order giving access to the personal representative; and
(4) If requested by the custodian:
(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; or
(d) A finding by the court that:
1. The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subsection; or
2. Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.
Effective: July 15, 2020
History: Created 2020 Ky. Acts ch. 63, sec. 7, effective July 15, 2020.