395A.080 Disclosure of other digital assets of deceased user.

212 words·~1 min read·/ky/chapter-395a/395a-080

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

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 certified copy of the death certificate of the user;

(3)A certified copy of the order of appointment of the personal representative, an order

dispensing with administration pursuant to KRS 395.455, or other court order

giving access to the personal representative; 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:

1. The user had a specific account with the custodian, identifiable by the

information specified in paragraph

(a)of this subsection; or

2. Disclosure of the user's digital assets is reasonably necessary for

administration of the estate.