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 catalog 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 or 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 subdivision a or (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate. 2017, cc. 33, 80.
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