California Probate Code 878 – Unless otherwise ordered by the court, directed by the user, or …
Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives to the custodian all of the following:
(a) A written request for disclosure in physical or electronic form.
Terms Used In California Probate Code 878
- 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
- Content of an electronic communication: means information concerning the substance or meaning of the communication, which meets all of the following requirements:
California Probate Code 871
- 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
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See California Probate Code 871
- Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
- Trust: includes the following:
California Probate Code 82
- Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See California Probate Code 871
- Trustee: A person or institution holding and administering property in trust.
- User: means a person that has an account with a custodian. See California Probate Code 871
(b) A certified copy of the death certificate of the settlor.
(c) A certified copy of the trust instrument, or a certification of trust under Section 18100.5, evidencing the settlor’s consent to disclosure of the content of electronic communications to the trustee.
(d) A certification by the trustee, under penalty of perjury, that the trust exists and that the trustee is a currently acting trustee of the trust.
(e) If requested by the custodian, any of the following:
(1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust’s account.
(2) Evidence linking the account to the trust.
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)