1. (1) A written request for disclosure in physical or electronic form;
2. (2) A copy of the certificate of the user's death;
3. (3) A copy of the letters of administration of the personal representative or court order appointing a special administrator;
4. (4) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and

5. (5) 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; or

   3. (iii) A finding by the court that:

      1. 1. The user had a specific account with the custodian, identifiable by the information specified in item (i) of this item;
      2. 2. Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701, et seq., 47 U.S.C. § 222, or other applicable law;
      3. 3. Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
      4. 4. Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.

If a deceased user consented to or a court directs the disclosure of the contents of electronic communications of the user, a custodian shall disclose to the personal representative of the user's estate the content of an electronic communication sent or received by the user if the personal representative provides the custodian:

Added by Acts 2016, c. 364, § 1, eff. Oct. 1, 2016; Acts 2016, c. 365, § 1, eff. Oct. 1, 2016.