Senate Status:
2023 Statute
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58-4808. 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: (a) A written request for disclosure in physical or electronic form; (b) a certified copy of the death certificate of the user; (c) a certified copy of the letter of appointment of the representative or a small estate affidavit or court order; and (d) if requested by the custodian: (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 assets is reasonably necessary for administration of the estate; or (4) a finding by the court that: (A) The user had a specific account with the custodian, identifiable by the information specified in subsection (d)(1); or (B) disclosure of the user's digital assets is reasonably necessary for administration of the estate. |
History: L. 2017, ch. 19, § 8; July 1. |
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