§ 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:

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, letters of administration, or other letters of appointment of the personal representative; and
4. If requested by the custodian:
   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 that:
      1. The user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph; or
      2. Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.

History. Code 1981, § 53-13-14 , enacted by Ga. L. 2018, p. 1089, § 1/SB 301.