§ 3558. 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 of the user other than the content of electronic communications, 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 certificate of appointment of fiduciary; 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:
(i) the user had a specific account with the custodian, identifiable by the information specified in subdivision (A) of this subdivision (4); or
(ii) disclosure of the user’s digital assets is reasonably necessary for administration of the estate. (Added 2017, No. 13, § 1.)
Structure Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 125 - Vermont Revised Uniform Fiduciary Access to Digital Assets Act
§ 3554. User direction for disclosure of digital assets
§ 3555. Terms-of-service agreement
§ 3556. Procedure for disclosing digital assets
§ 3557. Disclosures of content of electronic communications of deceased user
§ 3558. Disclosure of other digital assets of deceased user
§ 3559. Disclosure of content of electronic communications of principal
§ 3560. Disclosure of other digital assets of principal
§ 3561. Disclosure of digital assets held in trust when trustee is original user
§ 3563. Disclosure of other digital assets held in trust when trustee not original user
§ 3564. Disclosure of digital assets to guardian of person under guardianship
§ 3565. Fiduciary duty and authority
§ 3566. Custodian compliance and immunity
§ 3567. Uniformity of application and construction
§ 3568. Relation to electronic signatures in Global and National Commerce Act