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 representative gives the custodian:\n1. A written request for disclosure in physical or electronic form;\n2. A certified copy of the death certificate of the user;\n3. A certified copy of the letter of appointment of the representative or a small-estate affidavit or court order; and\n4. If requested by the custodian:\na. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;\nb. Evidence linking the account to the user;\nc. An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or\nd. A finding by the court that (i) the user had a specific account with the custodian, identifiable by the information specified in subdivision a or (ii) disclosure of the user's digital assets is reasonably necessary for urt that (i) the user had a specific account with the custodian, identifiable by the information specified in subdivision a or (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.\n2017, cc. 33, 80.
Virginia Legal Code