711.05 Disclosure of digital property; personal representative of a deceased user.
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/wi/chapter-711/711-05-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
711.05 Disclosure of digital property; personal representative of a deceased user.
(1)Digital property other than content of electronic communications. Unless a user prohibited disclosure of digital property or the court directs otherwise, a custodian shall disclose to the personal representative of the deceased user’s estate a catalogue of electronic communications sent or received by the deceased user and digital property, other than the content of electronic communications sent or received by the deceased user, in which the deceased user’s estate has a right or interest, if the personal representative gives the custodian all of the following:
(a)A written request for disclosure in physical or electronic form.
(b)A certified copy of the death record of the user.
(c)One of the following to establish the personal representative’s authority over the deceased user’s digital property:
1. A certified copy of the letters of appointment of the personal representative or special administrator.
2. A certified copy of a summary proceeding order under s. 867.01 or 867.02 .
3. An original or copy of an affidavit under s. 867.03 .
4. An original or copy of an application under s. 867.046 .
(d)If requested by the custodian, any of the following:
1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account.
2. Evidence linking the account to the user.
3. An affidavit stating that disclosure of the user’s digital property is reasonably necessary for administration of the estate.
4. A court order that includes any of the following findings: