There is a newer version
of
this Section
2017 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 11 - Uniform Fiduciary Access to Digital Assets Act
Section 108 - Disclosure of other digital assets of deceased user.
Universal Citation: UT Code § 75-11-108 (2017)
Effective 5/9/2017
75-11-108. Disclosure of other digital assets of deceased user.
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:
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
75-11-108. Disclosure of other digital assets of deceased user.
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 letter of appointment of the representative, 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 Subsection (4)(a); or
- (ii) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
Enacted by Chapter 16, 2017 General Session
Technically renumbered for proper placement.
Disclaimer: These codes may not be the most recent version. Utah 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.
