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. A written request for disclosure in physical or electronic form;
- 2. A certified copy of the death certificate of the user;
- 3. A certified copy of the court order appointing the representative; and
4. If requested by the custodian:
- (a) A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
- (b) Evidence linking the account to the user;
- (c) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or
(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); or
- (2) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.
(Added to NRS by 2017, 157)