Indiana § 32-39-2-5 Disclosure to personal representative of deceased user's other digital
assets

Indiana Statutes

§ 32-39-2-5 — Disclosure to personal representative of deceased user's other digital assets

Indiana·Title 32 PROPERTY·Art. 39 REVISED UNIFORM FIDUCIARY ACCESS TO·Ch. 2 Fiduciary's Access to Digital Assets

Unless the user prohibited disclosure of the user's digital assets or a 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, other than the content of electronic communications, of the user, if the personal representative gives the custodian:

(1)a written request for disclosure in physical or electronic form;

(2)a certified or authenticated copy of the death certificate of the user;

(3)a copy of the letters (as defined in IC 29-1-1-3(a)(21)) of the personal representative or of the order of no supervision or order of unsupervised administration issued to the personal representative under IC 29-1-7.5; or

(4)if requested by the custodian

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Unless the user prohibited disclosure of the
user's digital assets or a 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, other than the content of electronic communications,
of the user, if the personal representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified or authenticated copy of the death certificate of the
user;
(3) a copy of the letters (as defined in IC 29-1-1-3(a)(21)) of the
personal representative or of the order of no supervision or order
of unsupervised administration issued to the personal
representative under IC 29-1-7.5; or
(4) if requested by the custodian:
(A) a number, username, address, or other unique subscriber
identifier 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 user's 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 clause (A); or
(ii) disclosure of the user's digital assets is reasonably
necessary for administration of the user's estate.

Indiana § 32-39-2-5 (Disclosure to personal representative of deceased user's other digital assets) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.