53-13-14. Custodian’s disclosure of catalogue of electronic communications; circumstances.

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 personal representative gives the custodian:

A written request for disclosure in physical or electronic form;#

A certified copy of the death certificate of the user;#

A certified copy of the letters testamentary, letters of administration, or other letters of appointment of the personal representative; and#

If requested by the custodian:#

1. (A)

   A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;#

2. (B)

   Evidence linking the account to the user;#

3. (C)

   An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or#

4. (D)

   A finding by the court that:#

   1. (i)

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

   2. (ii)

      Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.#