West Virginia § 44-5B-8 Disclosure of other digital assets of deceased user

West Virginia Statutes

§ 44-5B-8 — Disclosure of other digital assets of deceased user

West Virginia § 44-5B-8

Ch. 44ADMINISTRATION OF ESTATES AND TRUSTS

Art. 5BWEST VIRGINIA UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

This text of West Virginia § 44-5B-8 (Disclosure of other digital assets of deceased user) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 44-5B-8 (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 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 personal representative gives the custodian:

(a)A written request for disclosure in physical or electronic form;

(b)A certified copy of the death certificate of the user;

(c)A certified copy of the letter of appointment of the representative; and

(d)If requested by the custodian:

(1)A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;

(2)Evidence linking the acc

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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 personal representative gives the custodian:

(a) A written request for disclosure in physical or electronic form;

(b) A certified copy of the death certificate of the user;

(c) A certified copy of the letter of appointment of the representative; and

(d) If requested by the custodian:

(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;

(2) Evidence linking the account to the user;

(3) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or

(4) A finding by the court that:

(A) The user had a specific account with the custodian, identifiable by the information specified in §44-5B-8(d)(1) of this code; or

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