Section 472.430

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

Effective - 28 Aug 2018   

  472.430.  Disclosure to personal representative of user's estate, when. — If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by 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 letters testamentary or letters of administration of the representative or a certified copy of the certificate of clerk in connection with a small estate affidavit or court order;

  (4)  Unless the user provided direction using an online tool, then in the case of user consent to disclosure, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and

  (5)  If requested by the custodian for the purpose of identifying the correct account of the user:

  (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; or

  (c)  A finding by the court that:

  a.  The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision;

  b.  Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701, et seq., as amended, 47 U.S.C. Section 222, as amended, or other applicable law;

  c.  Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or

  d.  Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.

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(L. 2018 H.B. 1250)