2019 Tennessee Code
Title 35 - Fiduciaries and Trust Estates
Chapter 8 - Revised Uniform Fiduciary Access to Digital Assets Act
§ 35-8-108. Disclosure of other digital assets of deceased user.

Universal Citation: TN Code § 35-8-108 (2019)
  • 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:
    • (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 any of the following: the letters of administration or letters testamentary appointing the personal representative; a small-estate affidavit under title 30, chapter 4; or a court order; and

    • (4) If requested by the custodian:

      • (A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;

      • (B) Evidence linking the account to the user;

      • (C) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or

      • (D) A finding by the court that:

        • (i) The user had a specific account with the custodian, identifiable by the information specified in subdivision (4)(A); or

        • (ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.

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