South Carolina § 62-2-1040 Disclosure of other digital assets of deceased user.

South Carolina Statutes

§ 62-2-1040 — Disclosure of other digital assets of deceased user.

South Carolina·Title 62 SOUTH CAROLINA PROBATE CODE·Ch. ARTICLE 2 - INTESTATE SUCCESSION AND WILLS

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 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's account;

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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 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'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 subitem (a); or (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.

South Carolina § 62-2-1040 (Disclosure of other digital assets of deceased user.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.