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2020 Georgia Code
Title 53 - Wills, Trusts, and Administration of Estates
Chapter 13 - Revised Uniform Fiduciary Access to Digital Assets
Article 2 - Rights of Custodians or Users
§ 53-13-14. Custodian's Disclosure of Catalogue of Electronic Communications; Circumstances
Universal Citation: GA Code § 53-13-14 (2020)
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 personal representative gives the custodian:
- A written request for disclosure in physical or electronic form;
- A certified copy of the death certificate of the user;
- A certified copy of the letters testamentary, letters of administration, or other letters of appointment of the personal representative; and
- If requested by the custodian:
- A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
- Evidence linking the account to the user;
- An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
- A finding by the court that:
- The user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph; or
- Disclosure of the user's digital assets is reasonably necessary for administration of the estate.
(Code 1981, §53-13-14, enacted by Ga. L. 2018, p. 1089, § 1/SB 301.)
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