Disclosure of other digital assets of deceased user

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.

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.

(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.

(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.