Prob. Code, § 875 · Part 20. Revised Uniform Fiduciary Access to Digital Assets Act
Prob. Code, § 875
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=875.
- Text hash
- sha256 5d85ee22cdfea6c6bfb0489ae516cf1670926823045253584fdbb64de8758c33
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.