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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b) If a user has not used an online tool to give direction under subdivision (a) or if a custodian has not provided an online tool, a user may allow or prohibit in a will, trust, power of attorney, or other record the disclosure to a fiduciary of some or all of the user's digital assets, including the contents of electronic communications sent or received by the user.
(c) A user's direction under subdivision (a) or (b) overrides a contrary provision in a terms-of-service agreement.
Cite this article: FindLaw.com - California Code, Probate Code - PROB § 873 - last updated January 01, 2025 | https://codes.findlaw.com/ca/probate-code/prob-sect-873/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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