Disclosure of Other Digital Assets of Deceased User
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Law
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Tennessee Code
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Fiduciaries and Trust Estates
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Revised Uniform Fiduciary Access to Digital Assets Act
- 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:
- A written request for disclosure in physical or electronic form;
- A certified copy of the death certificate of the user;
- 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
- If requested by the custodian:
- A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
- Evidence linking the account to the user;
- An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or
- A finding by the court that:
- The user had a specific account with the custodian, identifiable by the information specified in subdivision (4)(A); or
- Disclosure of the user's digital assets is reasonably necessary for administration of the estate.
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