Oregon Statutes 119.026 – Disclosure of catalog of electronic communications to personal representative
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 catalog 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:
Terms Used In Oregon Statutes 119.026
- 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.
- 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.
(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 personal representative or a simple estate affidavit or court order; and
(4) If requested by the custodian:
(a) A number, user name, 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:
(A) The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subsection; or
(B) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate. [2016 c.19 § 8; 2023 c.17 § 21]
[Repealed by 1959 c.419 § 13]
[1959 c.419 § 5; 1965 c.357 § 1; 1971 c.525 § 1; 1977 c.666 § 22; repealed by 1997 c.99 § 54]