N.D. Cent. Code § 47-36-07

Current through 2023 Legislative Sessions
Section 47-36-07 - 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 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 court that:
(1) The user had a specific account with the custodian, identifiable by the information specified in subdivision a; or
(2) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

N.D.C.C. § 47-36-07

Added by S.L. 2017, ch. 318 (HB 1214),§ 1, eff. 8/1/2017.