If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian all of the following:

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Terms Used In Arizona Laws 14-13107

  • 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 Arizona Laws 14-13102
  • 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.
  • Content of an electronic communication: means information concerning the substance or meaning of the communication that meets all of the following requirements:

    (a) Has been sent or received by a user. See Arizona Laws 14-13102

  • Court: means the superior court. See Arizona Laws 14-13102
  • Custodian: means a person that carries, maintains, processes, receives or stores a digital asset of a user. See Arizona Laws 14-13102
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Arizona Laws 14-13102
  • 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 Arizona Laws 14-1201
  • 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 Arizona Laws 14-13102
  • Letters: includes letters testamentary, letters of guardianship, letters of administration and letters of conservatorship. See Arizona Laws 14-1201
  • Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Arizona Laws 14-13102
  • Personal representative: means an executor, an administrator, a special administrator or person that performs substantially the same function under law of this state other than this chapter. See Arizona Laws 14-13102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in perceivable form. See Arizona Laws 14-13102
  • Trust: includes an express trust, private or charitable, with any additions, wherever and however created. See Arizona Laws 14-1201
  • United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
  • User: means a person that has an account with a custodian. See Arizona Laws 14-13102

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 letters testamentary, a small-estate affidavit or a court order.

4. Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney or other record evidencing the user’s consent to disclosure of the content of electronic communications.

5. If requested by the custodian, any of the following:

(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) A finding by the court of one or more of the following:

(i) The user had a specific account with the custodian, identifiable by the information specified in subdivision (a) of this paragraph.

(ii) Disclosure of the content of electronic communications of the user would not violate 18 United States Code §§ 2701 through 2712, 47 United States Code section 222 or other applicable law.

(iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications.

(iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.

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