{"data":{"id":"us-tn/tenn.-code-ann.-35-8-108","jurisdiction":"us-tn","citation":"Tenn. Code Ann. § 35-8-108","heading":"Disclosure of other digital assets of deceased user","body":"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. Added by 2016 Tenn. Acts, ch. 570,s 9, eff. 7/1/2016.\nUnless 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:\n(1) A written request for disclosure in physical or electronic form;\n(2) A certified copy of the death certificate of the user;\n(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\n(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.\n(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;\n(B) Evidence linking the account to the user;\n(C) An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or\n(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.\n(i) The user had a specific account with the custodian, identifiable by the information specified in subdivision (4)(A); or\n(ii) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.","path":["TN Code","Title 35","Chapter 8"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_tn_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:26Z","sha256":"e845401a804c62b526bf1b0d8dc961ce4459247cdb9832ba3d05480c2f8e7df9","source_id":"us-tn","stale":false,"prev":"us-tn/tenn.-code-ann.-35-8-107","next":"us-tn/tenn.-code-ann.-35-8-109"},"notice":"GroundRules: Original legal text. Not legal advice."}
