3B:14-61.8 Disclosure of other digital assets of deceased user. 8. 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: a. a written request for disclosure in physical or electronic form; b. a copy of the death certificate of the user; c. a certificate evidencing the appointment of the representative or a small-estate affidavit; and d. if requested by the custodian, any of the following: (1) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (2) evidence linking the account to the user; (3) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or (4) a finding by the court of either of the following: (a) the user had a specific account with the custodian, identifiable by the information specified in paragraph (1) of this subsection; or (b) disclosure of the user's digital assets is reasonably necessary for administration of the estate. L.2017, c.237, s.8.
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