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 personal representative gives the custodian:(a) A written request for disclosure in physical or electronic form;(b) A certified copy of the death certificate of the user;(c) A certified copy of the letter of appointment of the representative; and(d) If requested by the custodian: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;(2) Evidence linking the account to the user;(3) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or(4) A finding by the court that:(A) The user had a specific account with the custodian, identifiable by the information specified in §44-5B-8(d)(1) of this code; or(B) Disclosure of the user’s digital assets is reasonably necessary for administration of the c account with the custodian, identifiable by the information specified in §44-5B-8(d)(1) of this code; or(B) Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.
West Virginia Legal Code