2017 Arkansas Code
Title 28 - Wills, Estates, and Fiduciary Relationships
Subtitle 5 - Fiduciary Relationships
Chapter 75 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 28-75-108. Disclosure of other digital assets of deceased user

Universal Citation: AR Code § 28-75-108 (2017)
  • 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.
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