# Tenn. Code Ann. § 35-7-104: Nomination of custodian

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-104

## Section

- **Citation:** Tenn. Code Ann. § 35-7-104
- **Heading:** Nomination of custodian
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 35 / Chapter 7 / Section 35-7-104

## Text

(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words "as custodian for ______________ (name of minor) under the Tennessee Uniform Transfers to Minors Act." The nomination may name one (1) or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights. (b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under § 35-7-110(a) . (c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event, the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to § 35-7-110 . Acts 1992, ch. 664, § 1; T.C.A. § 35-7-204.
(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words "as custodian for ______________ (name of minor) under the Tennessee Uniform Transfers to Minors Act." The nomination may name one (1) or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.
(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under § 35-7-110(a) .
(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event, the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to § 35-7-110 .
Acts 1992, ch. 664, § 1; T.C.A. § 35-7-204.

## Nearby sections

- [Tenn. Code Ann. § 35-7-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-101.md)
- [Tenn. Code Ann. § 35-7-102 Chapter definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-102.md)
- [Tenn. Code Ann. § 35-7-103 Scope and jurisdiction](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-103.md)
- [Tenn. Code Ann. § 35-7-104 Nomination of custodian](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-104.md)
- [Tenn. Code Ann. § 35-7-105 Transfer by gift or exercise of power of appointment](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-105.md)
- [Tenn. Code Ann. § 35-7-106 Transfer authorized by will or trust](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-106.md)
- [Tenn. Code Ann. § 35-7-107 Other transfer by fiduciary](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-107.md)
- [Tenn. Code Ann. § 35-7-108 Transfer by obligor](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-108.md)
- [Tenn. Code Ann. § 35-7-109 Receipt for custodial property](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-109.md)
- [Tenn. Code Ann. § 35-7-110 Manner of creating custodial property and effecting transfer - Designation of initial custodian - Control](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-110.md)
- [Tenn. Code Ann. § 35-7-111 Transfers - Single and joint custodians](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-111.md)
- [Tenn. Code Ann. § 35-7-112 Validity and effect of transfer](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-112.md)
- [Tenn. Code Ann. § 35-7-113 Care of custodial property](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-113.md)
- [Tenn. Code Ann. § 35-7-114 Powers of custodian](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C7_S35-7-104. Check the current official text before relying on it. Not legal advice.