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This entry was published on 2016-10-07
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SECTION 13-A-3.2
Disclosure of other digital assets of deceased user
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 13-A, PART 3
§ 13-A-3.2 Disclosure of other digital assets of deceased user

Unless the user prohibited disclosure of digital assets or the court
directs otherwise, a custodian shall disclose to the executor,
administrator or 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 executor, administrator or personal
representative gives the custodian:

(a) a written request for disclosure in physical or electronic form;

(b) a copy of the death certificate of the user;

(c) a certified copy of the letter of appointment of the executor,
administrator, or personal representative or a small-estate affidavit or
court order; and

(d) if requested by the custodian:

(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 assets
is reasonably necessary for administration of the estate; or

(4) a finding by the court that:

(A) the user had a specific account with the custodian, identifiable
by the information specified in subparagraph (1); or

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