(a) Obligations of representative.--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 any digital assets other than the content of electronic communications of the user, if the personal 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; and
(4) if requested by the custodian:
(i) any 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 by the personal representative stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(iv) a finding of the court that:
(A) the user had a specific account with the custodian identifiable by the information specified in subparagraph (i); or
(B) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
(b) Finding of the court.--For the purposes of disclosure to the personal representative of the estate of a deceased user of a catalog of electronic communications, the issuance of letters testamentary or letters of administration to the personal representative by a register under section 901 (relating to register's jurisdiction) shall, unless otherwise provided by rules of court or a court order, have the same force and effect as a finding of the court under subsection (a)(4)(iv) and section 3916(e) (relating to custodian compliance and immunity), if the personal representative:
(1) files with the register an affidavit subject to penalties under 18 Pa.C.S. ยง 4904 (relating to unsworn falsification to authorities) setting forth the information required by subsection (a)(4)(i), (ii) and (iii) regarding records of electronic communications in the custody or control of the custodian; and
(2) upon request, provides to the custodian a copy of the affidavit bearing evidence of filing with the register.
(c) Form of affidavit.--The affidavit required by subsection (a)(4)(iii) or (b)(1) may be provided by:
(1) an averment in the petition under section 3153 (relating to contents of petition) or the affidavit under section 3154 (relating to affidavit and oath); or
(2) a supplement to the petition under section 3153 or the affidavit under section 3154 which is filed with and sworn before the register.
Cross References. Section 3908 is referred to in section 3916 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 39 - Uniform Fiduciary Access to Digital Assets
Section 3901 - Short title of chapter
Section 3904 - User direction for disclosure of digital assets
Section 3905 - Terms-of-service agreement
Section 3906 - Procedure for disclosing digital assets
Section 3907 - Disclosure of content of electronic communications of deceased user
Section 3908 - Disclosure of other digital assets of deceased user
Section 3909 - Disclosure of content of electronic communications of principal
Section 3910 - Disclosure of other digital assets of principal
Section 3911 - Disclosure of digital assets held in trust when trustee is original user
Section 3913 - Disclosure of other digital assets held in trust when trustee not original user
Section 3914 - Disclosure of digital assets to guardian of the estate
Section 3915 - Fiduciary duty and authority
Section 3916 - Custodian compliance and immunity
Section 3917 - Uniformity of application and construction
Section 3918 - Relation to Electronic Signatures in Global and National Commerce Act