North Carolina General Statutes 36F-8. 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 personal representative gives the custodian all of the following:
(1) A written request for disclosure in physical or electronic form.
Terms Used In North Carolina General Statutes 36F-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.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
(2) A certified copy of the death certificate of the user.
(3) A certified copy of letters of administration or letters testamentary of the personal representative, a certified copy of a small estate affidavit filed in accordance with N.C. Gen. Stat. § 28A-25-1(b), a certified copy of a summary administration order described in N.C. Gen. Stat. § 28A-28-3, or a court order.
(4) If requested by the custodian, any of the following:
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.
d. A finding by the court of any of the following:
1. That the user had a specific account with the custodian, identifiable by the information specified in sub-subdivision a. of this subdivision.
2. That disclosure of the user’s digital assets is reasonably necessary for administration of the estate. (2016-53, s. 1.)