Terms Used In Wisconsin Statutes 711.05

  • 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.
  • 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.
  • Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
  • Personal representative: means a person, however denominated, who is authorized to administer a decedent's estate. See Wisconsin Statutes 990.01
  • Property: includes real and personal property. See Wisconsin Statutes 990.01
   (1)    Digital property other than content of electronic communications. Unless a user prohibited disclosure of digital property or the court directs otherwise, a custodian shall disclose to the personal representative of the deceased user’s estate a catalogue of electronic communications sent or received by the deceased user and digital property, other than the content of electronic communications sent or received by the deceased user, in which the deceased user’s estate has a right or interest, if the personal representative gives the custodian all of the following:
      (a)    A written request for disclosure in physical or electronic form.
      (b)    A certified copy of the death record of the user.
      (c)    One of the following to establish the personal representative’s authority over the deceased user’s digital property:
         1.    A certified copy of the letters of appointment of the personal representative or special administrator.
         2.    A certified copy of a summary proceeding order under s. 867.01 or 867.02.
         3.    An original or copy of an affidavit under s. 867.03.
         4.    An original or copy of an application under s. 867.046.
      (d)    If requested by the custodian, any of the following:
         1.    A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account.
         2.    Evidence linking the account to the user.
         3.    An affidavit stating that disclosure of the user’s digital property is reasonably necessary for administration of the estate.
         4.    A court order that includes any of the following findings:
            a.    The user had a specific account with the custodian, identifiable by the information specified in subd. 1.
            b.    The disclosure of the user’s digital property is reasonably necessary for administration of the estate.
   (2)   Disclosure of content of electronic communications; deceased user. If a deceased user consented or a court directs disclosure of the contents of electronic communications of a deceased user, the custodian shall disclose to the personal representative of the deceased user’s estate the content of an electronic communication sent or received by the user, in which the deceased user’s estate has a right or interest, if the personal representative gives the custodian all of the following:
      (a)    The items described in sub. (1) (a) to (c).
      (b)    Unless the user provided direction using an online tool, a copy of the user’s will, certification of trust under s. 701.1013, or other governing instrument, evidencing the deceased user’s consent to disclosure of the content of electronic communications.
      (c)    If requested by the custodian, any of the following:
         1.    A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account.
         2.    Evidence linking the account to the user.
         3.    A court order that includes any of the following findings:
            a.    The user had a specific account with the custodian that is identifiable by the information specified in subd. 1.
            b.    The disclosure of the content of electronic communications of the user does not violate 18 U.S. Code § 2701 et seq., 47 U.S. Code § 222, or other applicable law.
            c.    Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications.
            d.    The disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.

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