55-19-8. 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 small estate affidavit or court order; and
(4)If requested by the custodian:
(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 the user had a specific account with the custodian, identifiable by the information specified in subsection (a) or that disclosure of the user's digital assets is reasonably necessary for administration of the estate.
Source: SL 2017, ch 209, ยง8.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 19 - Uniform Fiduciary Access To Digital Assets Act
Section 55-19-1 - Definitions.
Section 55-19-2 - Applicability generally.
Section 55-19-3 - Applicability to custodians and employer assets used by employee.
Section 55-19-4 - User direction for disclosure of digital assets.
Section 55-19-5 - Terms-of-service agreement.
Section 55-19-6 - Procedure for disclosing digital assets.
Section 55-19-7 - Disclosure of content of electronic communications of deceased user.
Section 55-19-8 - Disclosure of other digital assets of deceased user.
Section 55-19-9 - Disclosure of content of electronic communications of principal.
Section 55-19-10 - Disclosure of other digital assets of principal.
Section 55-19-11 - Disclosure of digital assets held in trust when trustee is original user.
Section 55-19-13 - Disclosure of other digital assets held in trust when trustee not original user.
Section 55-19-14 - Disclosure of assets to conservator of protected person.
Section 55-19-15 - Suspension or termination of account of protected person.
Section 55-19-16 - Fiduciary duties.
Section 55-19-17 - Fiduciary authority generally.
Section 55-19-20 - Fiduciary right of access to digital asset.
Section 55-19-21 - Disclosure of information by custodian to fiduciary.
Section 55-19-22 - Request for termination of user's account.
Section 55-19-23 - Custodian compliance.
Section 55-19-24 - Custodian notice to user.
Section 55-19-25 - Denial by custodian of request for disclosure or termination.
Section 55-19-26 - Custodian's ability to require court order.