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 personal representative gives to the custodian:
(1) A written request for disclosure in physical or electronic form;
will 560x170

Ask a will, trust or estate question, get an answer ASAP!
Thousands of highly rated, verified estate & trust lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Idaho Code 15-14-108

  • Account: means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user. See Idaho Code 15-14-102
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Catalog of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication and the electronic address of the person. See Idaho Code 15-14-102
  • Court: means the court in this state having jurisdiction in matters relating to the content of this chapter. See Idaho Code 15-14-102
  • Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Idaho Code 15-14-102
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Idaho Code 15-14-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Information: means data, text, images, videos, sounds, codes, computer programs, software, databases or the like. See Idaho Code 15-14-102
  • Personal representative: means an executor, administrator, special administrator or person that performs substantially the same function under the law of this state other than this chapter. See Idaho Code 15-14-102
  • User: means a person that has an account with a custodian. See Idaho Code 15-14-102
(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, user name, 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 the 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 paragraph (a) of this subsection; or
(ii) Disclosure of the user’s digital assets is reasonably necessary for the administration of the estate.