Probate Code section 880


(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)

In the case of a fiduciary, 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)

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 and that is not held by a custodian or subject to a terms-of-service agreement. Nothing in this subdivision requires 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 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 or settlor:

(1)

The fiduciary has the right to access the property and any digital asset stored in it. Nothing in this subdivision requires 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 decedent or settlor when the information is required to terminate an account used to access digital assets licensed to the user.

(g)

A fiduciary of a decedent or settlor 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)

If the user is deceased, a certified copy of the death certificate of the user.

(2)

A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, a court order, 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).
Last Updated

Apr. 24, 2025

§ 880’s source at ca​.gov