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 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 representative gives the custodian:

1. (1) A written request for disclosure in physical or electronic form;
2. (2) A certified copy of the death certificate of the user;

3. (3) A certified copy of the order of appointment of the personal representative, an order dispensing with administration pursuant to KRS 395.455, or other court order giving access to the personal representative; and If requested by the custodian:

   1. (a) A number, username, address, or other unique subscriber or account identifier
4. (4) assigned by the custodian to identify the user's account;
5. (b) Evidence linking the account to the user;
6. (c) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
7. (d) A finding by the court that: 1. The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subsection; or 2. Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

Effective: July 15, 2020

History: Created 2020 Ky. Acts ch. 63, sec. 7, effective July 15, 2020.