Vermont Statutes Title 14 Sec. 3558
Terms Used In Vermont Statutes Title 14 Sec. 3558
- 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
- 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 whom a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See
- Court: means the Probate Division of the Superior Court of Vermont. See
- Custodian: means a person who carries, maintains, processes, receives, or stores a digital asset of a user. See
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See
- 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
- Personal representative: means an executor, administrator, or special administrator, or a person who performs substantially the same function as an executor, administrator, or special administrator under law of this State other than this chapter. See
- User: means a person who has an account with a custodian. See
§ 3558. Disclosure of other digital assets of deceased user
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 of the user other than the content of electronic communications, 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 certificate of appointment of fiduciary; 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 subdivision (A) of this subdivision (4); or
(ii) disclosure of the user’s digital assets is reasonably necessary for administration of the estate. (Added 2017, No. 13, § 1.)