What a Personal Representative Needs to Provide
Getting access to a deceased person's emails, texts, or direct messages is not automatic. The law sets out a specific list of documents the personal representative must give the platform.
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 representative must also provide a copy of the user's will, trust, or power of attorney showing consent. The exception is when the user already set up an online tool directing access.
Gathering these documents before contacting the platform saves time.
Additional Information the Platform May Request
The platform can ask for more details. For example, it may request a username, account number, or other unique identifier. It may also ask for proof linking the account to the deceased.
Beyond that, the platform may seek a court finding on several points. These include whether the user had an account, whether disclosure follows federal privacy law, whether the user agreed to disclosure, or whether disclosure is needed for estate management.
This process can feel heavy during an already hard time. Including digital asset directions in your estate plan makes things much easier for whoever steps in to manage your affairs. Keeping a list of online accounts also helps.