# Tenn. Code Ann. § 35-8-107: Disclosure of content of electronic communications of deceased user > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-107 ## Section - **Citation:** Tenn. Code Ann. § 35-8-107 - **Heading:** Disclosure of content of electronic communications of deceased user - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 35 / Chapter 8 / Section 35-8-107 ## Text If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by 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; (4) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other dispositive or nominative instrument evidencing the user's consent to disclosure of the content of electronic communications; and (5) 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; or (C) A finding by the court that: (i) The user had a specific account with the custodian, identifiable by the information specified in subdivision (5)(A); (ii) 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; (iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. Added by 2016 Tenn. Acts, ch. 570,s 8, eff. 7/1/2016. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by 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; (4) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other dispositive or nominative instrument evidencing the user's consent to disclosure of the content of electronic communications; and (5) 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; or (C) A finding by the court that: (i) The user had a specific account with the custodian, identifiable by the information specified in subdivision (5)(A); (ii) 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; (iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. (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; or (C) A finding by the court that: (i) The user had a specific account with the custodian, identifiable by the information specified in subdivision (5)(A); (ii) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. §§ 2701 et seq., 47 U.S.C nt identifier assigned by the custodian to identify the user's account; (B) Evidence linking the account to the user; or (C) A finding by the court that: (i) The user had a specific account with the custodian, identifiable by the information specified in subdivision (5)(A); (ii) 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; (iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. (i) The user had a specific account with the custodian, identifiable by the information specified in subdivision (5)(A); (ii) 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; (iii) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or (iv) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate. Added by 2016 Tenn. Acts, ch. 570,s 8, eff. 7/1/2016. ## Nearby sections - [Tenn. Code Ann. § 35-8-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-101.md) - [Tenn. Code Ann. § 35-8-102 Chapter definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-102.md) - [Tenn. Code Ann. § 35-8-103 Applicability of chapter](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-103.md) - [Tenn. Code Ann. § 35-8-104 User direction for disclosure of digital assets](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-104.md) - [Tenn. Code Ann. § 35-8-105 Rights of custodian or user](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-105.md) - [Tenn. Code Ann. § 35-8-106 Disclosure of digital assets - Powers of custodian - Administrative fee](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-106.md) - [Tenn. Code Ann. § 35-8-107 Disclosure of content of electronic communications of deceased user](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-107.md) - [Tenn. Code Ann. § 35-8-108 Disclosure of other digital assets of deceased user](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-108.md) - [Tenn. Code Ann. § 35-8-109 Disclosure of content of electronic communications to principal](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-109.md) - [Tenn. Code Ann. § 35-8-110 Disclosure of other digital assets of principal](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-110.md) - [Tenn. Code Ann. § 35-8-111 Disclosure of digital assets held in trust when trustee is original user](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-111.md) - [Tenn. Code Ann. § 35-8-112 Disclosure of digital assets held in trust when trustee is not original user](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-112.md) - [Tenn. Code Ann. § 35-8-113 Disclosure of other digital assets held in trust when trustee is original user](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-113.md) - [Tenn. Code Ann. § 35-8-114 Disclosure of other digital assets held in trust when trustee is not original user](https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T35_C8_S35-8-107. Check the current official text before relying on it. Not legal advice.