28-75-108. Disclosure of other digital assets of deceased user.

Arkansas Code — all titles (historical 2020) · legal_authorities

28-75-108. Disclosure of other digital assets of deceased user.

28-75-108. 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 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; (3) a certified copy of the Letters Testamentary, Letters of Administration, or a small-estate affidavit or court order; and (4) if requested by the custodian: (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; or (D) a finding by the court that: (i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (4)(A); or (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-75-108

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.