Montana § 72-31-407 Disclosure Of Other Digital Assets Of Deceased User

Montana Statutes

§ 72-31-407 — Disclosure Of Other Digital Assets Of Deceased User

Montana·Title 72 ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS·Ch. 31 MISCELLANEOUS PROVISIONS RELATING TO FIDUCIARIES·Part 4 Revised Uniform Fiduciary Access to Digital Assets Act

72-31-407 . 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 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 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 collection of personal property affidavit or court order; and

(4)if requested by the custodian:

(a)a number, user name, address, or other unique subsc

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72-31-407 . 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 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 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 collection of personal property affidavit or court order; and
(4) if requested by the custodian:
(a) a number, user name, 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 subsection (4)(a); or
(ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.

Montana § 72-31-407 (Disclosure Of Other Digital Assets Of Deceased User) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.