Utah Code § 75A-6-108

Disclosure of other digital assets of deceased user
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75A-6-108. 
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:
 
 (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, 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: 
 
 (i)the user had a specific account with the custodian, identifiable by the information specified in Subsection (4)(a); or 
 
 
 
 (ii)disclosure of the user's digital assets is reasonably necessary for administration of the estate. 
 
 
 
 
 
 
 
Renumbered and Amended by Chapter 364, 2024 General Session

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