Section 472.435

Title XXXI TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

Chapter 472

Effective - 28 Aug 2018   

  472.435.  Catalogue of electronic communications disclosed to personal representative, when. — 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 letters testamentary or letters of administration of the representative or a certified copy of certificate of clerk in connection with a small-estate affidavit or court order; and

  (4)  If requested by the custodian for the purpose of identifying the correct account of the correct 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;

  (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:

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

  b.  Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

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(L. 2018 H.B. 1250)