Unless the user prohibited disclosure of digital assets or the Superior 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 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 Superior Court that:
(i) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph; or
(ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.
(Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
Structure District of Columbia Code
Title 21 - Fiduciary Relations and Persons with Mental Illness. [Enacted title]
Chapter 25 - Uniform Fiduciary Access to Digital Assets Act
§ 21–2504. User direction for disclosure of digital assets
§ 21–2505. Terms-of-service agreement
§ 21–2506. Procedure for disclosing digital assets
§ 21–2507. Disclosure of contents of electronic communications of deceased user
§ 21–2508. Disclosure of other digital assets of deceased user
§ 21–2509. Disclosure of content of electronic communications of principal
§ 21–2510. Disclosure of other digital assets of principal
§ 21–2511. Disclosure of digital assets held in trust when trustee is original user
§ 21–2513. Disclosure of other digital assets held in trust when trustee not original user
§ 21–2514. Disclosure of digital assets to conservator of protected individual
§ 21–2515. Fiduciary duty and authority
§ 21–2516. Custodian compliance and immunity
§ 21–2517. Uniformity of application and construction
§ 21–2518. Relation to Electronic Signatures in Global and National Commerce Act