Ohio Code 2137.07 – 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:
Terms Used In Ohio Code 2137.07
- 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 Ohio Code 2137.01
- 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.
- 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 Ohio Code 2137.01
- Court: means the probate court for all matters in which the court has exclusive jurisdiction under section 2101. See Ohio Code 2137.01
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Ohio Code 2137.01
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Ohio Code 2137.01
- 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.
- Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Ohio Code 2137.01
- Personal representative: means an executor, administrator, special administrator, or other person acting under the authority of the probate court to perform substantially the same function under the law of this state. See Ohio Code 2137.01
- User: means a person that has an account with a custodian. See Ohio Code 2137.01
(A) A written request for disclosure in physical or electronic form;
(B) A copy of the death certificate of the user;
(C) A copy of the letter of appointment of the personal representative, the entry appointing a commissioner under division (E) of section 2113.03 of the Revised Code, or the entry granting summary release from administration under division (E) of section 2113.031 of the Revised Code;
(D) If requested by the custodian, any of the following:
(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;
(4) A finding by the court that either of the following applies:
(a) The user had a specific account with the custodian, identifiable by the information specified in division (D)(1) of this section.
(b) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.