Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the executor 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 executor 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 certificate of appointment as executor; 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 that is identifiable by the information specified in subparagraph (A) of this subdivision; or
(ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.
(P.A. 16-145, S. 8.)
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