If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:
(a) A written request for disclosure in physical or electronic form;
(b) A certified copy of the death certificate of the user;
(c) A certified copy of the letter of appointment of the representative;
(d) Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney or other record evidencing the user’s consent to disclosure of the content of electronic communications; and
(e) If requested by the custodian:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(2) Evidence linking the account to the user; or
(3) A finding by the court that:
(A) The user had a specific account with the custodian, identifiable by the information specified in §44-5B-7(e)(1) of this code;
(B) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701 et seq., 47 U.S.C. § 222, or other applicable law;
(C) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(D) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
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