§58-3108. Disclosure of electronic communications catalog of

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

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 catalog 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

a finding by the court that:

(1)the user had a specific account with the

custodian, identifiable by the information

specified in subparagraph a of paragraph 4 of

this section, or

(2)disclosure of the user's digital assets is

reasonably necessary for administration of the

estate. Added by Laws 2024, c. 115, § 8, eff. Nov. 1, 2024.