72-31-407. 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 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 or a collection of personal property affidavit or court order; and
(4) if requested by the custodian:
(a) a number, user name, 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:
(i) the user had a specific account with the custodian, identifiable by the information specified in subsection (4)(a); or
(ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
History: En. Sec. 7, Ch. 286, L. 2017.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 31. Miscellaneous Provisions Relating to Fiduciaries
Part 4. Revised Uniform Fiduciary Access to Digital Assets Act
72-31-403. User direction for disclosure of digital assets
72-31-404. Terms-of-service agreement
72-31-405. Procedure for disclosing digital assets
72-31-406. Disclosure of content of electronic communications of deceased user
72-31-407. Disclosure of other digital assets of deceased user
72-31-408. Disclosure of content of electronic communications of principal
72-31-409. Disclosure of other digital assets of principal
72-31-410. Disclosure of digital assets held in trust when trustee is original user
72-31-412. Disclosure of other digital assets held in trust when trustee not original user
72-31-413. Disclosure of digital assets to conservator of protected person
72-31-414. Fiduciary duty and authority
72-31-415. Custodian compliance and immunity
72-31-416. Uniformity of application and construction
72-31-417. Relation to Electronic Signatures in Global and National Commerce Act