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 catalog 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:\n(1) A written request for disclosure in physical or electronic form;\n(2) A certified copy of the death certificate of the user;\n(3) A certified copy of the letter of appointment of the personal representative or a simple estate affidavit or court order; and\n(4) If requested by the custodian:\n(a) A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;\n(b) Evidence linking the account to the user;\n(c) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or\n(d) A finding by the court that:\n(A) The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subsection; or\n(B) Disclosure of the or\n(d) A finding by the court that:\n(A) The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subsection; or\n(B) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate. [2016 c.19 §8; 2023 c.17 §21]
Oregon Legal Code