MCL 700.1007 Disclosure of Deceased User's Electronic Communications to Personal Representative; Procedure

• Library: Michigan Statutes
• Edition: 2023
• Currency: Current through Public Act 321 of the 2023 Legislative Session
• Year: 2023
• Citation: MCL 700.1007

If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, a digital custodian shall disclose to the personal representative of the user the content of an electronic communication sent or received by the user if the personal representative gives the digital custodian all of the following:

(a) A written request for disclosure in physical or electronic form.

(b) A copy of the death certificate of the user.

(c) A certified copy of the letters of authority of the personal representative, a small-estate affidavit, or other court order.

(d) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the contents of electronic communications.

(e) If requested by the digital custodian, any of the following: