30-508. Disclosures of other digital assets of deceased user.

199 words·~1 min read·/ne/chapter-30/30-508

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 letter of appointment of the representative or a small-estate affidavit 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 subdivision (4)(A) of this section; or

(ii)disclosure of the user’s digital assets is reasonably necessary for administration of the estate.