Ky. Rev. Stat. § 395A.080

Current through 2024 Ky. Acts ch. 225
Section 395A.080 - 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 order of appointment of the personal representative, an order dispensing with administration pursuant to KRS 395.455, or other court order giving access to the personal representative; 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:
1. The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subsection; or
2. Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

KRS 395A.080

Added by 2020 Ky. Acts ch. 63,§ 7, eff. 7/14/2020.