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, court order, or Affidavit of Collection of Personal Property executed under section 524.3-1201; 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:
(A) the user had a specific account with the custodian, identifiable by the information specified in item (i); or
(B) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
2016 c 135 art 2 s 9
Structure Minnesota Statutes
Chapters 520 - 523 — Fiduciaries; Powers Of Attorney
Chapter 521A — Uniform Fiduciary Access To Digital Assets Act
Section 521A.01 — Short Title.
Section 521A.02 — Definitions.
Section 521A.03 — Applicability.
Section 521A.04 — User Direction For Disclosure Of Digital Assets.
Section 521A.05 — Terms-of-service Agreement.
Section 521A.06 — Procedure For Disclosing Digital Assets.
Section 521A.07 — Disclosure Of Content Of Electronic Communications Of Deceased User.
Section 521A.08 — Disclosure Of Other Digital Assets Of Deceased User.
Section 521A.09 — Disclosure Of Content Of Electronic Communications Of Principal.
Section 521A.10 — Disclosure Of Other Digital Assets Of Principal.
Section 521A.11 — Disclosure Of Digital Assets Held In Trust When Trustee Is Original User.
Section 521A.13 — Disclosure Of Other Digital Assets Held In Trust When Trustee Not Original User.
Section 521A.14 — Disclosure Of Digital Assets To Conservator Of Protected Person.
Section 521A.15 — Fiduciary Duty And Authority.
Section 521A.16 — Custodian Compliance And Immunity.
Section 521A.17 — Uniformity Of Application And Construction.
Section 521A.18 — Relation To Electronic Signatures In Global And National Commerce Act.