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The Florida Statutes

The 2019 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 740
FIDUCIARY ACCESS TO DIGITAL ASSETS
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F.S. 740.007
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.
History.s. 8, ch. 2016-46.