South Dakota § 55-19-8 Disclosure of other digital assets of deceased user.

South Dakota Statutes

§ 55-19-8 — Disclosure of other digital assets of deceased user.

South Dakota·Title 55 FIDUCIARIES AND TRUSTS·Ch. 55-17 UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

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

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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 the user had a specific account with the custodian, identifiable by the information specified in subsection (a) or that disclosure of the user's digital assets is reasonably necessary for administration of the estate.

South Dakota § 55-19-8 (Disclosure of other digital assets of deceased user.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.