Probate Code section 880
(a)
The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including all of the following:(1)
The duty of care.(2)
The duty of loyalty.(3)
The duty of confidentiality.(b)
All of the following shall apply to a fiduciary’s or designated recipient’s authority with respect to a digital asset of a user:(1)
Except as otherwise provided in Section 873, a fiduciary’s or designated recipient’s authority is subject to the applicable terms-of-service agreement.(2)
A fiduciary’s or designated recipient’s authority is subject to other applicable law, including copyright law.(3)
A fiduciary’s authority is limited by the scope of the fiduciary’s duties.(4)
A fiduciary’s or designated recipient’s authority may not be used to impersonate the user.(c)
(1)A fiduciary with authority over the property of a decedent or settlor has the right of access to any digital asset in which the decedent or settlor had a right or interest that is not held by a custodian or subject to a terms-of-service agreement.(2)
This subdivision does not require a custodian to share passwords or decrypt protected devices.(d)
A fiduciary acting within the scope of the fiduciary’s duties is an authorized user of the property of the decedent, conservatee, principal, or settlor for the purpose of applicable computer-fraud and unauthorized-computer-access laws.(e)
The following shall apply to a fiduciary with authority over the tangible, personal property of a decedent, conservatee, principal, or settlor:(1)
(A)The fiduciary has the right to access the property and any digital asset stored in it.(B)
This subdivision does not require a custodian to share passwords or decrypt protected devices.(2)
The fiduciary is an authorized user for purposes of any applicable computer-fraud and unauthorized-computer-access laws.(f)
A custodian may disclose information in an account to a fiduciary of the user if the information is required to terminate an account used to access digital assets licensed to the user.(g)
A fiduciary of a user, or an affiant acting under Section 13101 with respect to a deceased user, may request a custodian to terminate the user’s account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by all of the following:(1)
(A)If the user is deceased, a certified copy of the death certificate of the user.(B)
If the user is a conservatee, a court order authorizing the conservator to request termination of the user’s account.(2)
A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, a court order, a power of attorney, a certified copy of the trust instrument, or a certification of the trust under Section 18100.5 giving the fiduciary authority over the account.(3)
If requested by the custodian, any of the following:(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)
A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A).
Source:
Section 880, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=880. (updated Jan. 1, 2025; accessed Jun. 25, 2025).
