Section 880.
Cal. Probate Code - PROB § 880.
in effect(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).
References
referencesCal. Probate Code - PROB § 873.
referencesCal. Probate Code - PROB § 13101.
referencesCal. Probate Code - PROB § 18100.5.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026