58-4808. Disclosure of other digital assets of deceased user.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

58-4808. 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, 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.