Mont. Code § 72-31-407

Current through the 2023 Regular Session
Section 72-31-407 - 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 letter of appointment of the representative or a collection of personal property affidavit or court order; and
(4) if requested by the custodian:
(a) a number, user name, 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 subsection (4)(a); or
(ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.

§ 72-31-407, MCA

Added by Laws 2017, Ch. 286,Sec. 7, eff. 10/1/2017.
See Laws 2017, Ch. 286, Sec. 20.