{"data":{"id":"us-ca/prob-880","jurisdiction":"us-ca","citation":"PROB § 880","heading":"","body":"(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:\n(1) The duty of care.\n(2) The duty of loyalty.\n(3) The duty of confidentiality.\n(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:\n(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.\n(2) A fiduciary’s or designated recipient’s authority is subject to other applicable law, including copyright law.\n(3) A fiduciary’s authority is limited by the scope of the fiduciary’s duties.\n(4) A fiduciary’s or designated recipient’s authority may not be used to impersonate the user.\n(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.\n(2) This subdivision does not require a custodian to share passwords or decrypt protected devices.\n(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.\n(e) The following shall apply to a fiduciary with authority over the tangible, personal property of a decedent, conservatee, principal, or settlor:\n(1) (A) The fiduciary has the right to access the property and any digital asset stored in it.\n(B) This subdivision does not require a custodian to share passwords or decrypt protected devices.\n(2) The fiduciary is an authorized user for purposes of any applicable computer-fraud and unauthorized-computer-access laws.\n(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.\n(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:\n(1) (A) If the user is deceased, a certified copy of the death certificate of the user.\n(B) If the user is a conservatee, a court order authorizing the conservator to request termination of the user’s account.\n(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.\n(3) If requested by the custodian, any of the following:\n(A) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account.\n(B) Evidence linking the account to the user.\n(C) A finding by the court that the user had a specific account with the custodian, identifiable by the information specified in subparagraph (A).","path":["Probate Code - PROB","DIVISION 2. GENERAL PROVISIONS [100. - 890.]","PART 20. Revised Uniform Fiduciary Access to Digital Assets Act [870. - 884.]"],"source_url":"https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip","current_through":"2026-09-13","vintage":"","retrieved_at":"2026-09-14T05:56:33Z","sha256":"4c7165eec416191330a0c9d3bd23cbe857f4030ce0599eb1be440bf50d19e714","source_id":"us-ca","stale":false,"prev":"us-ca/prob-879.3","next":"us-ca/prob-881"},"notice":"GroundRules: Original legal text. Not legal advice."}