{"data":{"id":"us-ar/ark.-code-ann.-28-75-108","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 28-75-108","heading":"Disclosure of other digital assets of deceased user","body":"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 Letters Testamentary, Letters of Administration, 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: (i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (4)(A); or (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate. Added by Act 2017, No. 886,§ 1, eff. 8/1/2017.\n\nUnless 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:\n\n(1) a written request for disclosure in physical or electronic form;\n\n(2) a certified copy of the death certificate of the user;\n\n(3) a certified copy of the Letters Testamentary, Letters of Administration, or a small-estate affidavit or court order; and\n\n(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: (i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (4)(A); or (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.\n\n(A) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;\n\n(B) evidence linking the account to the user;\n\n(C) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or\n\n(D) a finding by the court that: (i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (4)(A); or (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.\n\n(i) the user had a specific account with the custodian, identifiable by the information specified in subparagraph (4)(A); or\n\n(ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.","path":["AR Code","Title 28","Chapter 28"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"4146ba1a0492ed34b6f25702bd036592603b0288a58b4498eb98a67bb901e718","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-28-75-107","next":"us-ar/ark.-code-ann.-28-75-109"},"notice":"GroundRules: Original legal text. Not legal advice."}