Section 108 – Disclosure of other digital assets of deceased user.

Effective 5/9/2017
75-11-108. 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.

Enacted by Chapter 16, 2017 General Session

Technically renumbered for proper placement.