Effective 9/1/2024
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