15-14-108. DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER. 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 personal representative gives to 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, 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;
(c) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for the 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 paragraph (a) of this subsection; or
(ii) Disclosure of the user’s digital assets is reasonably necessary for the administration of the estate.
History:
[15-14-108, added 2016, ch. 263, sec. 1, p. 689.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 14 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
Part 1 - REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
Section 15-14-101 - SHORT TITLE.
Section 15-14-102 - DEFINITIONS.
Section 15-14-103 - APPLICABILITY.
Section 15-14-104 - USER DIRECTION FOR DISCLOSURE OF DIGITAL ASSETS.
Section 15-14-105 - TERMS OF SERVICE AGREEMENT.
Section 15-14-106 - PROCEDURE FOR DISCLOSING DIGITAL ASSETS.
Section 15-14-107 - DISCLOSURE OF THE CONTENT OF ELECTRONIC COMMUNICATIONS OF DECEASED USER.
Section 15-14-108 - DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER.
Section 15-14-109 - DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF PRINCIPAL.
Section 15-14-110 - DISCLOSURE OF OTHER DIGITAL ASSETS OF PRINCIPAL.
Section 15-14-111 - DISCLOSURE OF DIGITAL ASSETS HELD IN TRUST WHEN TRUSTEE IS ORIGINAL USER.
Section 15-14-114 - DISCLOSURE OF DIGITAL ASSETS TO CONSERVATOR OF PROTECTED PERSON.
Section 15-14-115 - FIDUCIARY DUTY AND AUTHORITY.
Section 15-14-116 - CUSTODIAN COMPLIANCE AND IMMUNITY.
Section 15-14-117 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Section 15-14-118 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.