§ 3908 — Disclosure of other digital assets of deceased user

(a) Obligations of representative.--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 any 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 copy of the death certificate of the user;

(3) a certified copy of the letters; and

(4) if requested by the custodian:

(i) any number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

(ii) evidence linking the account to the user;

(iii) an affidavit by the personal representative stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or

(iv) a finding of the court that:

(A) the user had a specific account with the custodian identifiable by the information specified in subparagraph (i); or

(B) disclosure of the user's digital assets is reasonably necessary for administration of the estate.

(b) Finding of the court.--For the purposes of disclosure to the personal representative of the estate of a deceased user of a catalog of electronic communications, the issuance of letters testamentary or letters of administration to the personal representative by a register under section 901 (relating to register's jurisdiction) shall, unless otherwise provided by rules of court or a court order, have the same force and effect as a finding of the court under subsection (a)(4)(iv) and section 3916(e) (relating to custodian compliance and immunity), if the personal representative:

(1) files with the register an affidavit subject to penalties under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities) setting forth the information required by subsection (a)(4)(i), (ii) and (iii) regarding records of electronic communications in the custody or control of the custodian; and

(2) upon request, provides to the custodian a copy of the affidavit bearing evidence of filing with the register.

(c) Form of affidavit.--The affidavit required by subsection (a)(4)(iii) or (b)(1) may be provided by:

(1) an averment in the petition under section 3153 (relating to contents of petition) or the affidavit under section 3154 (relating to affidavit and oath); or

(2) a supplement to the petition under section 3153 or the affidavit under section 3154 which is filed with and sworn before the register.

Legislative History

Cross References.Section 3908 is referred to in section 3916 of this title.