Virginia § 64.2-122 Disclosure of other digital assets of deceased user

Virginia Statutes

§ 64.2-122 — Disclosure of other digital assets of deceased user

Virginia § 64.2-122

JurisdictionVirginia

Title 64.2WILLS, TRUSTS, AND FIDUCIARIES

Subtitle IGENERAL PROVISIONS

Ch. 1DEFINITIONS AND GENERAL PROVISIONS

Art. 3.1UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

This text of Virginia § 64.2-122 (Disclosure of other digital assets of deceased user) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 64.2-122 (2026).

Text

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