Texas Estates Code 2001.102 – Disclosure of Other Digital Assets of Deceased User
(a) Unless the deceased 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 catalog of electronic communications sent or received by the user and digital assets, other than the content of an electronic communication, of the user if the representative gives the custodian:
(1) a written request for disclosure in physical or electronic form;
(2) a certified copy of the death certificate of the user; and
(3) a certified copy of letters testamentary or of administration, a small estate affidavit filed under Section 205.001, or other court order.
(b) In addition to the items required to be given to the custodian under Subsection (a), the personal representative shall provide the following if requested by the custodian:
(1) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the deceased 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 deceased user had a specific account with the custodian, identifiable by the information specified in Subdivision (1); or
(B) disclosure of the user’s digital assets is reasonably necessary for administration of the estate.
Terms Used In Texas Estates Code 2001.102
- 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 statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - 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.
- personal representative: include :
(1) an executor and independent executor;
(2) an administrator, independent administrator, and temporary administrator; and
(3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031 - Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005