IC 32-39-2-5 — Disclosure to personal representative of deceased user's other digital assets
Chapter 2. Fiduciary's Access to Digital Assets
Section text
Sec. 5. Unless the user prohibited disclosure of the user's digital assets or a 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: (1) a written request for disclosure in physical or electronic form; (2) a certified or authenticated copy of the death certificate of the user; (3) a copy of the letters (as defined in IC 29-1-1-3(a)(21)) of the personal representative or of the order of no supervision or order of unsupervised administration issued to the personal representative under IC 29-1-7.5; or (4) if requested by the custodian: (A) a number, username, address, or other unique subscriber identifier 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 user's 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 clause (A); or (ii) disclosure of the user's digital assets is reasonably necessary for administration of the user's estate.
As added by P.L.137-2016, SEC.14. Amended by P.L.163-2018, SEC.24; P.L.185-2021, SEC.56.
Source: official publisher (2026 edition)