Utah Code 75-11-108. Disclosure of other digital assets of deceased user
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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;
Terms Used In Utah Code 75-11-108
- 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 Utah Code 75-11-102
- 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.
- Catalogue 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 Utah Code 75-11-102
- Court: means a court with jurisdiction under
Title 78A, Judiciary and Judicial Administration . See Utah Code 75-11-102 - Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Utah Code 75-11-102
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Utah Code 75-11-102
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
- 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 Utah Code 75-11-102
- 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 Utah Code 75-11-102
- User: means a person that has an account with a custodian. See Utah Code 75-11-102
(2) a certified copy of the death certificate of the user;
(3) a certified copy of the letter of appointment of the representative, a small estate affidavit, or court order; and
(4) if requested by the custodian:
(4)(a) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(4)(b) evidence linking the account to the user;
(4)(c) an affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or
(4)(d) a finding by the court that:
(4)(d)(i) the user had a specific account with the custodian, identifiable by the information specified in Subsection (4)(a); or
(4)(d)(ii) disclosure of the user’s digital assets is reasonably necessary for administration of the estate.