Texas § ES.2001.102 - DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER

§ ES.2001.102. DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER

DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER. (a) Unless the deceased 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 an electronic communication, 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; and (3) a certified copy of letters testamentary or of administration, a small estate affidavit filed under Section 205.001 , or other court order. (b) In addition to the items required to be given to the custodian under Subsection (a), the personal representative shall provide the following if requested by the custodian: (1) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the deceased 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 deceased user had a specific account with the custodian, identifiable by the information specified in Subdivision (1); or (B) disclosure of the user's digital assets is reasonably necessary for administration of the estate. Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193 ), Sec. 1, eff. September 1, 2017. SUBCHAPTER D. PROCEDURES FOR DISCLOSURE OF DIGITAL ASSETS OF PRINCIPAL