Section 32-39-2-5 - Disclosure to personal representative of deceased user's other digital assets Unless the user prohibited disclosure of the user's digital assets or a 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 personal representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;(2) a certified or authenticated copy of the death certificate of the user;(3) a copy of the letters (as defined in IC 29-1-1-3(a)(21)) of the personal representative or of the order of no supervision or order of unsupervised administration issued to the personal representative under IC 29-1-7.5; or(4) if requested by the custodian:(A) a number, username, address, or other unique subscriber identifier 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 user's 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 clause (A); or(ii) disclosure of the user's digital assets is reasonably necessary for administration of the user's estate.Amended by P.L. 185-2021,SEC. 56, eff. 4/29/2021.Amended by P.L. 163-2018,SEC. 24, eff. 7/1/2018.Added by P.L. 137-2016, SEC. 14, eff. 7/1/2016.