The Difference Between Content and Everything Else
The law draws a clear line between the content of emails and messages and other digital assets. Other digital assets include account catalogues, purchase histories, stored files, and metadata.
This statute covers the second category. The bar for access is lower because the material is less sensitive than private messages.
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 key difference from the previous section. The personal representative does not need to show that the deceased agreed to disclosure. As long as the deceased did not block it, the platform must provide access.
What the Platform May Request
The platform can ask for extra verification. 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.
A personal representative with a trust document or power of attorney can use those records to show authority. Social media accounts, online banking, and cloud storage all fall within scope.
The platform may also request a sworn statement saying disclosure is needed for estate management. It may also ask for a court finding that the account exists.
For families settling an estate, this statute covers the practical side of digital life. It helps with finding accounts, checking balances, and locating stored documents. Having the right paperwork ready before contacting each platform speeds things up.