47-36-07. Disclosure of other digital assets of deceased user

47-36-07. 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

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 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 letter of appointment of the representative or a small estate

affidavit or court order; 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 subdivision a; or

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

administration of the estate.