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Code · Montana · Title 72 — Estates, Trusts, and Fiduciary Relationships · Chapter 31 · Part 4

72-31-407. Disclosure of other digital assets of deceased user.

210 words·~1 min read·/mt/title-72/chapter-31/part-4/72-31-407·

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72-31-407 . 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:
(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 letter of appointment of the representative or a collection of personal property affidavit or court order; and
(4)if requested by the custodian:
(a)a number, user name, 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 subsection (4)(a); or
(ii)disclosure of the user's digital assets is reasonably necessary for administration of the estate.
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