In this chapter:

(1) “Account” means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user;
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Terms Used In Tennessee Code 35-8-102

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Personal representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Trustee: A person or institution holding and administering property in trust.
(2) “Agent” means an attorney-in-fact granted authority under a durable or nondurable power of attorney;
(3) “Carries” means engages in the transmission of an electronic communication;
(4) “Catalogue of electronic communications” means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person;
(5) “Conservator” means a person appointed by a court to manage the estate of a person with a disability. “Conservator” includes a limited conservator;
(6) “Content of an electronic communication” means information concerning the substance or meaning of the communication which:

(A) Has been sent or received by a user;
(B) Is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote-computing service to the public; and
(C) Is not readily accessible to the public;
(7) “Court” means any court of record that has jurisdiction to hear matters concerning personal representatives, conservators, guardians, agents acting pursuant to a power of attorney, or trustees;
(8) “Custodian” means a person who carries, maintains, processes, receives, or stores a digital asset of a user;
(9) “Designated recipient” means a person chosen by a user using an online tool to administer digital assets of the user;
(10) “Digital asset” means an electronic record in which an individual has a right or interest. “Digital asset” does not include an underlying asset or liability unless the asset or liability is itself an electronic record;
(11) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(12) “Electronic communication” has the same meaning as defined in 18 U.S.C. § 2510(12);
(13) “Electronic communication service” means a custodian that provides to a user the ability to send or receive an electronic communication;
(14) “Fiduciary” means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee;
(15) “Guardian” means a person appointed by a court to manage the estate of a minor. “Guardian” includes a limited guardian;
(16) “Information” means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like;
(17) “Limited conservator” means a conservator with partial, restricted, or temporary powers;
(18) “Limited guardian” means a guardian with partial, restricted, or temporary powers;
(19) “Minor” means an unemancipated individual who has not attained eighteen (18) years of age and who has not otherwise been emancipated, and for whom a guardian has been appointed. “Minor” includes an individual for whom an application for the appointment of a guardian is pending;
(20) “Online tool” means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person;
(21) “Person” means an individual, estate, business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity;
(22) “Person with a disability” means an individual eighteen (18) years of age or older determined by a court to be in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, developmental disability, or other mental or physical incapacity, and for whom a conservator has been appointed. “Person with a disability” includes an individual for whom an application for the appointment of a conservator is pending;
(23) “Personal representative” means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this chapter;
(24) “Power of attorney” means an instrument that grants an agent authority to act in the place of a principal;
(25) “Principal” means an individual who grants authority to an agent in a power of attorney;
(26) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(27) “Remote-computing service” means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. § 2510(14);
(28) “Terms-of-service agreement” means an agreement that controls the relationship between a user and a custodian;
(29) “Trustee” means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. “Trustee” includes a successor trustee;
(30) “User” means a person who has an account with a custodian; and
(31) “Will” includes a codicil, testamentary instrument that only appoints an executor, and instrument that revokes or revises a testamentary instrument.
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