The Vermont Statutes Online

Title 14 : Decedents Estates and Fiduciary Relations

Chapter 125 : Vermont Revised Uniform Fiduciary Access to Digital Assets Act

• § 3558. 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 catalogue of electronic communications sent or received by the user, and digital assets of the user other than the content of electronic communications, 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 certificate of appointment of fiduciary; 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:

  (i) the user had a specific account with the custodian, identifiable by the information specified in subdivision (A) of this subdivision (4); or

  (ii) disclosure of the user’s digital assets is reasonably necessary for administration of the estate. (Added 2017, No. 13, § 1.)