Florida Statutes § 740.007
Disclosure of other digital assets of deceased user
Unless a 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 catalog of electronic communications sent or received by the user and digital assets of the user, except the content of electronic communications, if the personal representative gives to the custodian:
- (1)A written request for disclosure which is in physical or electronic form;
- (2)A certified copy of the death certificate of the user;
- (3)A certified copy of the letters of administration, the order authorizing a curator or administrator ad litem, the order of summary administration issued pursuant to chapter 735, or other 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 the administration of the estate; or
- (d)An order of the court finding that: 1. The user had a specific account with the custodian, identifiable by information specified in paragraph (a); or 2. Disclosure of the user’s digital assets is reasonably necessary for the administration of the estate.
- (a)
History
History.—s. 8, ch. 2016-46.