2021 Maryland Statutes
Estates and Trusts
Title 15 - Fiduciaries
Subtitle 6 - Maryland Fiduciary Access to Digital Assets Act
Section 15-606 - Deceased Users -- Disclosures to Personal Representative

    If a deceased user consented to or a court directs the disclosure of the contents of electronic communications of the user, a custodian shall disclose to the personal representative of the user’s estate the content of an electronic communication sent or received by the user if the personal representative provides the custodian:

        (1)    A written request for disclosure in physical or electronic form;

        (2)    A copy of the certificate of the user’s death;

        (3)    A copy of the letters of administration of the personal representative or court order appointing a special administrator;

        (4)    Unless the user provided direction using an online tool, a copy of the user’s will, trust, power of attorney, or other record evidencing the user’s consent to disclosure of the content of electronic communications; and

        (5)    If requested by the custodian:

            (i)    A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;

            (ii)    Evidence linking the account to the user; or

            (iii)    A finding by the court that:

                1.    The user had a specific account with the custodian, identifiable by the information specified in item (i) of this item;

                2.    Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701, et seq., 47 U.S.C. § 222, or other applicable law;

                3.    Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or

                4.    Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.