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