New Mexico Statutes 46-13-8. Disclosure of other digital assets of a 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 New Mexico Statutes 46-13-8
- 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.
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 letters of administration or letters testamentary of the personal representative or a small estate affidavit pursuant to the provisions of section 45-3-1201 N.M. Stat. Ann.; 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 Paragraph (1) of this subsection; or
(b) disclosure of the user’s digital assets is reasonably necessary for administration of the estate.