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 catalog of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user if the personal 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 letter of appointment of the personal representative or a simple estate affidavit or court order; and

4. (4) If requested by the custodian:

   1. (a) A number, user name, 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 subsection; or
      2. (B) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.

[2016 c.19 §8; 2023 c.17 §21]