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;
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Terms Used In Utah Code 75-11-108
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 Utah Code 75-11-102
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 Utah Code 75-11-102
Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75-11-102
Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75-11-102
Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Utah Code 75-11-102
Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under the law of this state other than this chapter. See Utah Code 75-11-102
User: means a person that has an account with a custodian. See Utah Code 75-11-102
(2)
a certified copy of the death certificate of the user;
(3)
a certified copy of the letter of appointment of the representative, a small estate affidavit, or court order; 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:
(i)
the user had a specific account with the custodian, identifiable by the information specified in Subsection (4)(a); or
(ii)
disclosure of the user’s digital assets is reasonably necessary for administration of the estate.
