N.D. Cent. Code § 47-36-07
47-36-07. Disclosure of other digital assets of deceased user
47-36-07. Disclosure of other digital assets of deceased user
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 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 letter of appointment of the representative or a small estate
affidavit or 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 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 subdivision a; or
(2)
Disclosure of the user's digital assets is reasonably necessary for
administration of the estate.