Ind. Code § 32-39-2-5

Disclosure to personal representative of deceased user's other digital assets

As added by P.L.137-2016, SEC.14. Amended by P.L.163-2018, SEC.24; P.L.185-2021, SEC.56.

Unless the user prohibited disclosure of the user's digital assets or a 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 personal representative gives the custodian:

  1. (1) a written request for disclosure in physical or electronic form;
  2. (2) a certified or authenticated copy of the death certificate of the user;
  3. (3) a copy of the letters (as defined in IC 29-1-1-3 (a)(21)) of the personal representative or of the order of no supervision or order of unsupervised administration issued to the personal representative under IC 29-1-7.5 ; or
  4. (4) if requested by the custodian:

    1. (A) a number, username, address, or other unique subscriber identifier or account identifier assigned by the custodian to identify the user's account;
    2. (B) evidence linking the account to the user;
    3. (C) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the user's estate; or
    4. (D) a finding by the court that:

      1. (i) the user had a specific account with the custodian, identifiable by the information specified in clause (A); or
      2. (ii) disclosure of the user's digital assets is reasonably necessary for administration of the user's estate.

As added by P.L.137-2016, SEC.14. Amended by P.L.163-2018, SEC.24; P.L.185-2021, SEC.56.

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