2019 Missouri Revised Statutes
Title XXXI - Trusts and Estates of Decedents and Persons Under Disability
Chapter 472 - Probate Code — General Provisions
Section 472.435 Catalogue of electronic communications disclosed to personal representative, when.

Universal Citation: MO Rev Stat § 472.435 (2019)

Effective 28 Aug 2018

472.435. Catalogue of electronic communications disclosed to personal representative, when. — 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 or letters of administration of the representative or a certified copy of certificate of clerk in connection with a small-estate affidavit or court order; and

(4) If requested by the custodian for the purpose of identifying the correct account of the correct user:

(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:

a. The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subdivision; or

b. Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

­­--------

(L. 2018 H.B. 1250)

Disclaimer: These codes may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.