This text of Tennessee § 35-8-108 (Disclosure of other digital assets of deceased user) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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 uni
Free access — add to your briefcase to read the full text and ask questions with AI
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.