Tex. Est. Code § 2001.102 · Subchapter C. PROCEDURES FOR DISCLOSURE OF DIGITAL ASSETS OF DECEASED USER
DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Unless the deceased 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 an electronic communication, of the user if the 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; and
(3) a certified copy of letters testamentary or of administration, a small estate affidavit filed under Section 205.001, or other court order.
(b) In addition to the items required to be given to the custodian under Subsection (a), the personal representative shall provide the following if requested by the custodian:
(1) a number, user name, address, or other unique subscriber or account identifier assigned by the custodian to identify the deceased user's account;
(2) evidence linking the account to the user;
(3) an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
(4) a finding by the court that:
(A) the deceased user had a specific account with the custodian, identifiable by the information specified in Subdivision (1); or
(B) disclosure of the user's digital assets is reasonably necessary for administration of the estate.
Notes and commentary — not statutory text
History
Added by Acts 2017, 85th Leg., R.S., Ch. 400 (S.B. 1193), Sec. 1, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.2001.htm
- Text hash
- sha256 70f01c1bdf111ba5de6ad2bf24853909c78013e5e157ba36d7acaac61ed2e831
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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