Missouri Laws 472.435 – Catalogue of electronic communications disclosed to personal ..
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 Missouri Laws 472.435
- 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.
- 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.
(2) A certified copy of the death certificate of the user;
(3) A certified copy of the letters testamentary or letters of administration of the representative or a certified copy of certificate of clerk in connection with a small-estate affidavit or court order; and
(4) If requested by the custodian for the purpose of identifying the correct account of the correct user:
(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) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or
(d) A finding by the court that:
a. The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision; or
b. Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.