55-19-8. Disclosure of other digital assets of deceased user.

196 words·~1 min read·/sd/title-55/chapter-55-19/55-19-8

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 the user had a specific account with the custodian, identifiable by the information specified in subsection

(a)or that disclosure of the user's digital assets is reasonably necessary for administration of the estate.