D.C. Code § 21-2508

Current through codified legislation effective April 20, 2024
Section 21-2508 - Disclosure of other digital assets of deceased user

Unless the user prohibited disclosure of digital assets or the Superior 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 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 Superior Court that:
(i) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph; or
(ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

D.C. Code § 21-2508

Added by D.C. Law 23-189,§ 2, 68 DCR 003404, eff. 3/16/2021.