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:

A. a written request for disclosure in physical or electronic form;

B. a certified copy of the death certificate of the user;

C. a certified copy of the letters of administration or letters testamentary of the personal representative or a small estate affidavit pursuant to the provisions of Section 45-3-1201 NMSA 1978; and

D. if requested by the custodian:

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

4. (4) a finding by the court that:

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

History: Laws 2017, ch. 72, § 8.

ANNOTATIONS

Effective dates. — Laws 2017, ch. 72, § 20 made Laws 2017, ch. 72, § 8 effective January 1, 2018.