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

Indiana § 32-39-2-5

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

Text

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.

Legislative History

As added by P.L.137-2016, SEC.14. Amended by P.L.163-2018, SEC.24; P.L.185-2021, SEC.56.