Minn. Stat. § 521A.08

Current through Register Vol. 49, No. 8, August 19, 2024
Section 521A.08 - 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, court order, or Affidavit of Collection of Personal Property executed under section 524.3-1201; and
(4) if requested by the custodian:
(i) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(ii) evidence linking the account to the user;
(iii) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(iv) a finding by the court that:
(A) the user had a specific account with the custodian, identifiable by the information specified in item (i); or
(B) disclosure of the user's digital assets is reasonably necessary for administration of the estate.

Minn. Stat. § 521A.08

2016 c 135 art 2 s 9

Added by 2016 Minn. Laws, ch. 135,s 2-9, eff. 8/1/2016.