Effective - 28 Aug 2018
472.435. Catalogue of electronic communications disclosed to personal representative, when. — 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 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 certificate of clerk in connection with a small-estate affidavit or court order; and
(4) If requested by the custodian for the purpose of identifying the correct account of the correct 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;
(c) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(d) 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; or
b. Disclosure of the user's digital assets 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.