California Probate Code 875 – (a) When disclosing the digital assets of a user under this …
(a) When disclosing the digital assets of a user under this part, the custodian may, in its sole discretion, do any of the following:
(1) Grant the fiduciary or designated recipient full access to the user’s account.
Terms Used In California Probate Code 875
- Account: means an arrangement under a terms-of-service agreement in which the custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See California Probate Code 871
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Court: means the superior court presiding over the judicial proceedings which have been initiated under this code to administer the estate of the deceased user, or, if none, the superior court sitting in the exercise of jurisdiction under this code in the county of the user's domicile, and the court, as defined in this section, shall have exclusive jurisdiction over proceedings brought under this part. See California Probate Code 871
- Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See California Probate Code 871
- Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See California Probate Code 871
- Digital asset: means an electronic record in which an individual has a right or interest. See California Probate Code 871
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means an original, additional, or successor personal representative or trustee. See California Probate Code 871
- 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 California Probate Code 871
- User: means a person that has an account with a custodian. See California Probate Code 871
(2) Grant the fiduciary or designated recipient partial access to the user’s account sufficient to perform the tasks with which the fiduciary or designated recipient is charged.
(3) Provide the fiduciary or designated recipient with a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.
(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this part.
(c) A custodian need not disclose under this part a digital asset deleted by a user.
(d) If a user directs or a fiduciary or designated recipient requests a custodian to disclose under this part some, but not all, of the user’s digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian, fiduciary, or designated recipient may petition the court for an order to do any of the following:
(1) Disclose a subset limited by date of the user’s digital assets.
(2) Disclose all of the user’s digital assets to the fiduciary or designated recipient.
(3) Disclose none of the user’s digital assets.
(4) Disclose all of the user’s digital assets to the court for review in camera.
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)