Code of Virginia § 64.2-122. Disclosure of other digital assets of deceased user.

202 words·~1 min read·/va/title-64-2/chapter-1/64-2-122

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 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

d. A finding by the court that

(i)the user had a specific account with the custodian, identifiable by the information specified in subdivision a or

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

2017, cc. 33 , 80 .