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 letter of appointment of the representative or a small estate affidavit or court order;

(4)  A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;

(5)  Evidence linking the account to the user;

(6)  A finding by the court that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; and

(7)  If requested by the custodian, a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subsection (4).

History of Section.
P.L. 2019, ch. 200, § 2; P.L. 2019, ch. 262, § 2.