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:

(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 personal representative or a small estate affidavit or court order; and

(4)

If requested by the custodian:

(a)

A number, user name, 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:

(A)

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

(B)

Disclosure of the user’s digital assets is reasonably necessary for administration of the estate. [2016 c.19 §8]

Source: Section 119.026 — Disclosure of catalog of electronic communications to personal representative, https://www.­oregonlegislature.­gov/bills_laws/ors/ors119.­html.

Green check means up to date. Up to date

Current through early 2024

§ 119.026’s source at oregon​.gov