§ 15–606
Statutes in effect as of October 1, 2026.
Md. Code Ann., Est. & Trusts § 15-606 (2026)
Title 15. Fiduciaries
Subtitle 6. Maryland Fiduciary Access to Digital Assets Act
§ 15–606LinkCopy Citation
If a deceased user consented to or a court directs the disclosure of the contents of electronic communications of the user, a custodian shall disclose to the personal representative of the user’s estate the content of an electronic communication sent or received by the user if the personal representative provides the custodian:
(1)
A written request for disclosure in physical or electronic form;
(2)
A copy of the certificate of the user’s death;
(3)
A copy of the letters of administration of the personal representative or court order appointing a special administrator;
(4)
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 content of electronic communications; and
(5)
If requested by the custodian:
(i)
A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account;
(ii)
Evidence linking the account to the user; or
(iii)
A finding by the court that:
(1)
The user had a specific account with the custodian, identifiable by the information specified in item (i) of this item;
(2)
Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. § 2701, et seq., 47 U.S.C. § 222, or other applicable law;
(3)
Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(4)
Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.