Va. Code § 64.2-122

Current with changes from the 2024 legislative session through ch. 845
Section 64.2-122 - 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 catalog 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 or 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 subdivision a or (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.

Va. Code § 64.2-122

2017, cc. 33, 80.
Added by Acts 2017 c. 80, § 1, eff. 7/1/2017.
Added by Acts 2017 c. 33, § 1, eff. 7/1/2017.