New Hampshire Revised Statutes 554-A:8 – 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:
(a) A written request for disclosure in physical or electronic form;
(b) A certified copy of the death certificate of the user;
(c) A certified copy of the letter of appointment or court order; and
(d) If requested by the custodian:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(2) Evidence linking the account to the user;
(3) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or
(4) A finding by the court that:
(A) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (1); or
(B) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.
(a) A written request for disclosure in physical or electronic form;
Terms Used In New Hampshire Revised Statutes 554-A:8
- 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.
(b) A certified copy of the death certificate of the user;
(c) A certified copy of the letter of appointment or court order; and
(d) If requested by the custodian:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(2) Evidence linking the account to the user;
(3) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or
(4) A finding by the court that:
(A) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (1); or
(B) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.