55-19-8. 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 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 court that the user had a specific account with the custodian, identifiable by the information specified in subsection (a) or that disclosure of the user's ration of the estate; or(d)A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subsection (a) or that disclosure of the user's digital assets is reasonably necessary for administration of the estate. Source: SL 2017, ch 209, §8.
South Dakota Legal Code