Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:
(1) A written request for disclosure in physical or electronic form;
(2) A certified copy of the trust instrument or a certification of the trust under §44D-10-1013 of this code;
(3) A certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; 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 trust’s account; or
(B) Evidence linking the account to the trust.
Structure West Virginia Code
Chapter 44. Administration of Estates and Trusts
Article 5B. West Virginia Uniform Fiduciary Access to Digital Assets Act
§44-5B-4. User Direction for Disclosure of Digital Assets
§44-5B-5. Terms of Service Agreement
§44-5B-6. Procedure for Disclosing Digital Assets
§44-5B-7. Disclosure of Content of Electronic Communications of Deceased User
§44-5B-8. Disclosure of Other Digital Assets of Deceased User
§44-5B-9. Disclosure of Content of Electronic Communications of Principal
§44-5B-10. Disclosure of Other Digital Assets of Principal
§44-5B-11. Disclosure of Digital Assets Held in Trust When Trustee Is Original User
§44-5B-13. Disclosure of Other Digital Assets Held in Trust When Trustee Not Original User
§44-5B-14. Disclosure of Digital Assets to Conservator of Protected Person
§44-5B-15. Fiduciary Duty and Authority
§44-5B-16. Custodian Compliance and Immunity
§44-5B-17. Uniformity of Application and Construction
§44-5B-18. Relation to Electronic Signatures in Global and National Commerce Act