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§ 64.2-122 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 catalog 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 (i) the user had a specific account with the custodian, identifiable by the information specified in subdivision a or (ii) disclosure of the user’s digital assets is reasonably necessary for administration of the estate.

History

This law was first created in 2017. The record of its establishment is cataloged in chapters 33 and 80 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year.

2017, cc. 33, 80.

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