Disclosure to personal representative of deceased user's other digital assets

Sec. 5. Unless the user prohibited disclosure of the user's digital assets or a 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 written request for disclosure in physical or electronic form;

(2) a certified or authenticated copy of the death certificate of the user;

(3) a copy of the letters (as defined in IC 29-1-1-3(a)(21)) of the personal representative or of the order of no supervision or order of unsupervised administration issued to the personal representative under IC 29-1-7.5; or

(4) if requested by the custodian:

(A) a number, username, address, or other unique subscriber identifier 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 user's estate; or

(D) a finding by the court that:

(i) the user had a specific account with the custodian, identifiable by the information specified in clause (A); or

(ii) disclosure of the user's digital assets is reasonably necessary for administration of the user's estate.

As added by P.L.137-2016, SEC.14. Amended by P.L.163-2018, SEC.24; P.L.185-2021, SEC.56.