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 letters testamentary or letters of administration of the representative or a certified copy of certificate of clerk in connection with a small-estate affidavit or court order; and

4. (4) If requested by the custodian for the purpose of identifying the correct account of the correct user:

   1. (a) A number, username, address, or other unique subscriber 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 estate; or

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

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

(L. 2018 H.B. 1250)