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O.C.G.A. § 53-13-14 — Custodian's disclosure of catalogue of electronic communications; circumstances | Georgia Code
O.C.G.A. § 53-13-14 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 13. Revised Uniform Fiduciary Access to Digital Assets, 53-13-1 through 53-13-40.

ARTICLE 2 RIGHTS OF CUSTODIANS OR USERS

53-13-14. Custodian's disclosure of catalogue of electronic communications; circumstances.

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 personal 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, letters of administration, or other letters of appointment of the personal representative; and
  4. If requested by the custodian:
    1. A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
    2. Evidence linking the account to the user;
    3. An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
    4. A finding by the court that:
      1. The user had a specific account with the custodian, identifiable by the information specified in subparagraph (A) of this paragraph; or
      2. Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

(Code 1981, §53-13-14, enacted by Ga. L. 2018, p. 1089, § 1/SB 301.)

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This Georgia Code resource is curated by an Orange Park personal injury and workers' comp lawyer, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.