Unless a user prohibited disclosure of digital assets or a court directs otherwise, a custodian shall disclose to the personal representative of the estate of the user a catalogue of electronic communications sent or received by the user and the digital assets of the user, other than the content of the electronic communications, if the personal representative provides the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A copy of the certificate of the user’s death;
(3) A copy of the letters of administration of the personal representative or court order appointing a special administrator; and
(4) If requested by the custodian:
(i) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(ii) Evidence linking the account to the user;
(iii) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or
(iv) A finding by the court that:
1. The user had a specific account with the custodian, identifiable by the information specified in item (i) of this item; or
2. Disclosure of the catalogue of electronic communications of the user is reasonably necessary for administration of the estate.
Structure Maryland Statutes
Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act
Section 15-603 - Direction to Disclose Information
Section 15-604 - Right to Access Digital Assets
Section 15-605 - Disclosure of Digital Assets
Section 15-606 - Deceased Users -- Disclosures to Personal Representative
Section 15-608 - Disclosures by Custodian by Agent; Requirements
Section 15-609 - Disclosures by Custodian by Agent -- Catalogue of Electronic Communications
Section 15-610 - Disclosure of Digital Assets of Account Held in Trust -- to Original User Trustee
Section 15-613 - Disclosures to Guardians of Protected Persons
Section 15-614 - Rights and Duties of Fiduciaries
Section 15-617 - Construction With Federal Electronic Signatures in Global and National Commerce Act