1. (1) 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) A written request for disclosure in physical or electronic form;
   2. (b) A certified copy of the death certificate of the user;
   3. (c) A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order; and

   4. (d) If requested by the custodian:

      1. (I) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
      2. (II) Evidence linking the account to the user;
      3. (III) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or

      4. (IV) A finding by the court that:

         1. (A) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (I) of this paragraph (d); or
         2. (B) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

Source: L. 2016: Entire part added, (SB 16-088), ch. 71, p. 184, § 1, effective August 10.