What a Personal Representative Needs to Provide
Getting access to a deceased person's emails, text messages, or direct messages is not automatic. Arizona law sets out a specific list of documents the personal representative must give the platform before the platform is required to disclose the content of electronic communications.
If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian all of the following: 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, a small-estate affidavit or a court order.
A.R.S. § 14-13107The personal representative must also provide a copy of the user's will, trust, power of attorney, or other record showing the user consented to disclosure, unless the user already set up an online tool directing access. Gathering these documents before contacting the platform saves time and avoids repeated requests.
Additional Information the Platform May Request
The platform can ask for more. It may require the account username or other identifier, evidence linking the account to the deceased, or a court finding that the user had an account with the platform, that disclosure would not violate federal electronic communications privacy law, that the user consented, or that disclosure is reasonably necessary for estate administration.
This process can feel burdensome during an already difficult time. Including digital asset directions in your estate plan, and keeping a list of online accounts, makes the process significantly easier for whoever steps in to manage your affairs.