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 copy of the death certificate of the user;
(3) a copy of letters testamentary, letters of administration 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 subparagraph (A); or
(ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
Last modified: May 3, 2021