ORS 119.026 Disclosure of catalog of electronic communications to personal representative

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 catalog 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:

A written request for disclosure in physical or electronic form;

A certified copy of the death certificate of the user;

A certified copy of the letter of appointment of the personal representative or a simple estate affidavit or court order; and

If requested by the custodian:

A number, user name, address or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;

Evidence linking the account to the user;

An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for administration of the estate; or

A finding by the court that:

The user had a specific account with the custodian, identifiable by the information specified in paragraph (a) of this subsection; or

Disclosure of the user’s digital assets is reasonably necessary for administration of the estate.