Sec. 5. Unless the user prohibited disclosure of the user’s digital assets or a 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:

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

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Terms Used In Indiana Code 32-39-2-5

  • 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 Indiana Code 32-39-1-2
  • 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 Indiana Code 32-39-1-5
  • court: means :

    Indiana Code 32-39-1-7

  • custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Indiana Code 32-39-1-8
  • electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Indiana Code 32-39-1-11
  • 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 Indiana Code 32-39-1-16
  • personal representative: means an executor, an administrator, a special administrator, or a person that performs substantially the same function as an executor, administrator, or special administrator under the law of Indiana other than this article. See Indiana Code 32-39-1-19
  • user: means a person that has an account with a custodian. See Indiana Code 32-39-1-27
(2) a certified or authenticated copy of the death certificate of the user;

(3) a copy of the letters (as defined in IC 29-1-1-3(a)(21)) of the personal representative or of the order of no supervision or order of unsupervised administration issued to the personal representative under IC 29-1-7.5; or

(4) if requested by the custodian:

(A) a number, username, address, or other unique subscriber identifier 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 user’s 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 clause (A); or

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

As added by P.L.137-2016, SEC.14. Amended by P.L.163-2018, SEC.24; P.L.185-2021, SEC.56.