W. Va. Code § 44-5B-8

Disclosure of other digital assets of deceased user.

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 personal representative gives the custodian:

  1. (a) A written request for disclosure in physical or electronic form;
  2. (b) A certified copy of the death certificate of the user;
  3. (c) A certified copy of the letter of appointment of the representative; and
  4. (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 §44-5B-8(d)(1) of this code; or
      2. (B) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.
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