Montana Code 72-31-407. Disclosure of other digital assets of deceased user
72-31-407. Disclosure of other digital assets of deceased user. 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:
Terms Used In Montana Code 72-31-407
- 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 Montana Code 72-31-402
- 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.
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- 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 Montana Code 72-31-402
- Court: means the district court having jurisdiction in matters relating to the content of this part. See Montana Code 72-31-402
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Montana Code 72-31-402
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 72-31-402
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Montana Code 72-31-402
- Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this part. See Montana Code 72-31-402
- User: means a person that has an account with a custodian. See Montana Code 72-31-402
(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 letter of appointment of the representative or a collection of personal property 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 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 subsection (4)(a); or
(ii)disclosure of the user’s digital assets is reasonably necessary for administration of the estate.