638.8 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 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 personal representative gives the custodian all of the following:
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 of appointment of the personal representative, an original affidavit made pursuant to section 633.356, or a file-stamped copy of the court order authorizing the personal representative to administer the user’s estate.
4. If requested by the custodian, any of the following:
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.
d. A finding by the court of any of the following:
(1) The user had a specific account with the custodian, identifiable by the information specified in paragraph “a”.
(2) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.
2017 Acts, ch 79, §11
Referred to in §638.16
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 638 - FIDUCIARY ACCESS TO DIGITAL ASSETS
Section 638.3 - Applicability.
Section 638.4 - User direction for disclosure of digital assets.
Section 638.5 - Terms-of-service agreement.
Section 638.6 - Procedure for disclosing digital assets.
Section 638.7 - Disclosure of content of electronic communications of deceased user.
Section 638.8 - Disclosure of other digital assets of deceased user.
Section 638.9 - Disclosure of content of electronic communications of principal.
Section 638.10 - Disclosure of other digital assets of principal.
Section 638.11 - Disclosure of digital assets held in trust when trustee is original user.
Section 638.13 - Disclosure of other digital assets held in trust when trustee not original user.
Section 638.14 - Disclosure of digital assets to conservator or guardian of a ward.
Section 638.15 - Fiduciary duty and authority.
Section 638.16 - Custodian compliance and immunity.
Section 638.17 - Uniformity of application and construction.
Section 638.18 - Relation to Electronic Signatures in Global and National Commerce Act.