740.007 Disclosure of other digital assets of deceased user.
214 words·~1 min read·
/fl/title-xlii/chapter-740/740-007·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Unless a 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 catalog of electronic communications sent or received by the user and digital assets of the user, except the content of electronic communications, if the personal representative gives to the custodian:
(1)A written request for disclosure which is in physical or electronic form;
(2)A certified copy of the death certificate of the user;
(3)A certified copy of the letters of administration, the order authorizing a curator or administrator ad litem, the order of summary administration issued pursuant to chapter 735, or other 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 the administration of the estate; or
(d)An order of the court finding that:
1. The user had a specific account with the custodian, identifiable by information specified in paragraph (a); or
2. Disclosure of the user’s digital assets is reasonably necessary for the administration of the estate.