                                 CODE OF VIRGINIA

DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER (§ 64.2-122)

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&#8217;s account;
			b. Evidence linking the account to the user;
			c. An affidavit stating that disclosure of the user&#8217;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&#8217;s digital assets is reasonably necessary for
administration of the estate.

HISTORY: 2017, cc. 33, 80.