The Difference Between Content and Everything Else
Arizona law draws a clear line between the content of electronic communications (the actual text of emails and messages) and other digital assets (account catalogues, purchase histories, stored files, and metadata). This statute covers the second category. The bar for access is lower here because the material is less sensitive than private correspondence.
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, other than the content of electronic communications, of 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. § 14-13108Notice the difference from the previous section. The personal representative does not need to show that the deceased consented. As long as the deceased did not affirmatively prohibit disclosure and the court has not directed otherwise, the platform must provide access to these non-content digital assets.
What the Platform May Request
The platform can ask for additional verification, including account identifiers, evidence linking the account to the deceased, an affidavit that disclosure is reasonably necessary for estate administration, or a court finding confirming the account exists and that disclosure is needed.
For families settling an estate, this statute covers the practical side of digital life: identifying accounts, understanding balances, finding stored documents, and locating records. Having the right paperwork ready before approaching each platform streamlines the process considerably.