Disclosure of other digital assets of deceased user. Unless the user prohibited disclosure of digital assets or the Superior 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 letter of appointment of the representative 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 Superior Court that: (i) The user had a specific account with the custodian, identifiable by the information specified in easonably necessary for administration of the estate; or (D) A finding by the Superior Court that: (i) The user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph; or (ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate. (Mar. 16, 2021, D.C. Law 23-189, § 2(b), 68 DCR 001063.)
District of Columbia Legal Code