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 letter of appointment of the representative or a small estate affidavit or court order; and

4. (4) if requested by the custodian:

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

HISTORY: 2016 Act No. 260 (S.908), SECTION 2, eff June 3, 2016.