395A.080 Disclosure of other digital assets of deceased user

395A.080 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 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 order of appointment of the personal representative, an order

dispensing with administration pursuant to KRS 395.455, or other court order

giving access to the personal 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) of this subsection; or

2. Disclosure of the user's digital assets is reasonably necessary for

administration of the estate.