Effective - 28 Aug 2018
472.430. Disclosure to personal representative of user's estate, when. — If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by 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 letters testamentary or letters of administration of the representative or a certified copy of the certificate of clerk in connection with a small estate affidavit or court order;
(4) Unless the user provided direction using an online tool, then in the case of user consent to disclosure, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and
(5) If requested by the custodian for the purpose of identifying the correct account of the user:
(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; or
(c) A finding by the court that:
a. The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision;
b. Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Section 2701, et seq., as amended, 47 U.S.C. Section 222, as amended, or other applicable law;
c. Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
d. Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
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(L. 2018 H.B. 1250)
Structure Missouri Revised Statutes
Title XXXI - Trusts and Estates of Decedents and Persons Under Disability
Chapter 472 - Probate Code — General Provisions
Section 472.005 - Application, when — effect on pending proceedings and rights.
Section 472.010 - Definitions.
Section 472.013 - Fraud under probate code — remedy — procedure.
Section 472.020 - Jurisdiction of probate division of circuit court.
Section 472.025 - State may be party to proceedings — service.
Section 472.030 - Powers of court — executions, when returnable — service of process.
Section 472.050 - Court open, when — sessions — time for acts.
Section 472.060 - Disqualification of judge.
Section 472.070 - Powers of clerk.
Section 472.080 - Documents filed with court, form — content.
Section 472.090 - Objections to petition, form.
Section 472.100 - Notice — court may require — how delivered.
Section 472.110 - Proof of service.
Section 472.120 - Amendment of proof of service.
Section 472.130 - Waiver of notice.
Section 472.135 - Waiver of legal requirements, when — limitation on waiver.
Section 472.140 - Record kept — adversary probate proceeding defined.
Section 472.150 - Vacation and modification of judgments.
Section 472.160 - Appeal — when — grounds for.
Section 472.180 - Time for appeal.
Section 472.190 - Appeals stayed or consolidated, when.
Section 472.210 - Appeals, procedure.
Section 472.290 - Rules of evidence to apply — exceptions — specific rules.
Section 472.320 - Independent administration of decedents' estates — application of probate code.
Section 472.330 - Approval of act or transaction in best interests of estate.
Section 472.335 - Power of court to confirm and validate acts — acts included.
Section 472.400 - Citation of law.
Section 472.405 - Definitions.
Section 472.410 - Applicability.
Section 472.430 - Disclosure to personal representative of user's estate, when.
Section 472.435 - Catalogue of electronic communications disclosed to personal representative, when.
Section 472.440 - Disclosure to agent, when.
Section 472.445 - Catalogue of electronic communications, disclosure to agent, when.
Section 472.450 - Disclosures to trustee.
Section 472.455 - Content of electronic communication, disclosure to trustee, when.
Section 472.460 - Catalogue of electronic communications, disclosure to trustee, when.
Section 472.465 - Conservator access, opportunity for hearing — disclosures to conservator, when.
Section 472.480 - Construction of act, considerations.