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 (i) the user had a specific account with the custodian, identifiable by the information specified in subdivision a or (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
2017, cc. 33, 80.
Structure Code of Virginia
Title 64.2 - Wills, Trusts, and Fiduciaries
Chapter 1 - Definitions and General Provisions
§ 64.2-101. Construction of generic terms
§ 64.2-102. Meaning of child and related terms
§ 64.2-103. Evidence of paternity
§ 64.2-104. Incorporation by reference into a will, power of attorney, or trust instrument
§ 64.2-106. Grant of certain powers to personal representative or trustee by circuit court
§ 64.2-108.1. References to former sections, articles, or chapters
§ 64.2-108.2. Provision in certain trust void
§ 64.2-118. User direction for disclosure of digital assets
§ 64.2-119. Terms-of-service agreement
§ 64.2-120. Procedure for disclosing digital assets
§ 64.2-121. Disclosure of content of electronic communications of deceased user
§ 64.2-122. Disclosure of other digital assets of deceased user
§ 64.2-123. Disclosure of content of electronic communications of principal
§ 64.2-124. Disclosure of other digital assets of principal
§ 64.2-125. Disclosure of digital assets held in trust when trustee is original user
§ 64.2-127. Disclosure of other digital assets held in trust when trustee is not original user
§ 64.2-128. Disclosure of digital assets to conservator or guardian of protected person
§ 64.2-129. Fiduciary duty and authority
§ 64.2-130. Custodian compliance and immunity
§ 64.2-131. Uniformity of application and construction
§ 64.2-132. Relation to Electronic Signatures in Global and National Commerce Act