(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 personal representative or a small estate affidavit or court order;
(4) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney or other record evidencing the user’s consent to disclosure of the content of electronic communications; and
(5) 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; or
(c) A finding by the court that:
(A) The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subsection;
(B) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. 2701 et seq., 47 U.S.C. 222 or other applicable law;
(C) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(D) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. [2016 c.19 §7]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 119 - Revised Uniform Fiduciary Access to Digital Assets Act
Section 119.006 - Definitions for ORS 119.006 to 119.081.
Section 119.011 - Authority of custodian.
Section 119.016 - Use of online tool to direct disclosure.
Section 119.021 - Disclosure of contents of electronic communications to personal representative.
Section 119.026 - Disclosure of catalog of electronic communications to personal representative.
Section 119.056 - Disclosure to conservator; court order.
Section 119.062 - Duties and authority of fiduciary.
Section 119.071 - Rights of custodians, users, fiduciaries and designated recipients.