Skip to main content
Find a Lawyer

California Code, Probate Code - PROB § 875

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

(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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - California Code, Probate Code - PROB § 875 - last updated January 01, 2025 | https://codes.findlaw.com/ca/probate-code/prob-sect-875/

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.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard