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 Letters Testamentary, Letters of Administration, 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:
(i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (4)(A); or
(ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
Structure Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 75 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 28-75-104. User direction for disclosure of digital assets
§ 28-75-105. Terms-of-service agreement
§ 28-75-106. Procedure for disclosing digital assets
§ 28-75-107. Disclosure of content of electronic communications of deceased user
§ 28-75-108. Disclosure of other digital assets of deceased user
§ 28-75-109. Disclosure of content of electronic communications of principal
§ 28-75-110. Disclosure of other digital assets of principal
§ 28-75-111. Disclosure of digital assets held in trust when trustee is original user
§ 28-75-113. Disclosure of other digital assets held in trust when trustee not original user
§ 28-75-114. Disclosure of digital assets to guardian of estate
§ 28-75-115. Fiduciary duty and authority
§ 28-75-116. Custodian compliance and immunity
§ 28-75-117. Uniformity of application and construction
§ 28-75-118. Relation to Electronic Signatures and Global National Commerce Act