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 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.Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.
Arkansas Legal Code