Va. Code § 64.2-122: Disclosure of other digital assets of deceased user
Where this section sits in the code
- Title 64.2. WILLS, TRUSTS, AND FIDUCIARIES
- Subtitle I. GENERAL PROVISIONS
- Chapter 1. DEFINITIONS AND GENERAL PROVISIONS
- Article 3.1. UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT
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: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; and4. 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; ord. 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 administration of the estate.2017, cc. 33, 80.
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