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KRS 395A.080

Disclosure of other digital assets of deceased user

Known as the Revised Uniform Fiduciary Access to Digital Assets Act

The act spans §§ 395–395 (18 sections).

Effective: July 15, 2020 History: Created 2020 Ky

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 order of appointment of the personal representative, an order dispensing with administration pursuant to KRS 395.455, or other court order giving access to the personal representative; 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:

1. The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subsection; or 2. Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.