N.H. Rev. Stat. § 554-A:8

Current through Chapter 43 of the 2024 Legislative Session (with exception of Chapter 41 which is not yet available)
Section 554-A:8 - 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:

(a) A written request for disclosure in physical or electronic form;
(b) A certified copy of the death certificate of the user;
(c) A certified copy of the letter of appointment or court order; and
(d) If requested by the custodian:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(2) Evidence linking the account to the user;
(3) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(4) A finding by the court that:
(A) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (1); or
(B) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

RSA 554-A:8

Added by 2019, 140:1, eff. 6/25/2019.

2019, 140:1, eff. June 25, 2019.