California RUFADAA Law
Verified against the official Cal. Prob. Code §§870–884 text:
How Probate Code Part 20, expanded on January 1, 2025, governs personal representative, trustee, agent, and conservator access to a Californian's online accounts.
Quick answer
California governs fiduciary access to digital assets through Probate Code Part 20 (§§870–884), enacted in 2016 and effective January 1, 2017. As originally enacted it covered only personal representatives and trustees; SB 1458 (Stats. 2024, ch. 799) added agents under powers of attorney and conservators effective January 1, 2025. A personal representative can act on letters of appointment or a §13101 small-estate affidavit. Under §873, an online-tool direction overrides a contrary will, trust, or power of attorney, and custodians must comply within 60 days (§881).
California digital asset law at a glance
- Statute
- Probate Code Division 2, Part 20 (§§870–884)
- Enacted
- AB 691, Stats. 2016, ch. 551; effective January 1, 2017
- Amended
- SB 1458, Stats. 2024, ch. 799; effective January 1, 2025
- Fiduciaries covered
- Personal representatives, trustees, and (since 2025) agents and conservators (§871(l))
- Online-tool priority
- §873
- Court
- The superior court administering the estate, or of the user's county of domicile, with exclusive jurisdiction (§871(e))
- Custodian deadline
- 60 days after receiving the required information (§881)
- Small-estate route
- Small-estate affidavit under §13101 accepted (§§876–877)
What makes California’s law different
Agents and conservators were added in 2025
California originally enacted a narrower act limited to personal representatives and trustees. SB 1458 (Stats. 2024, ch. 799) expanded the definition of fiduciary to include conservators and agents, and added §§879.1–879.3, effective January 1, 2025. Older commentary that says California's act excludes agents and conservators is now out of date.
Conservators need a noticed hearing, and never get content by default
Under §879.3, the court may grant a conservator access to a conservatee's digital assets only after a noticed hearing. The custodian then discloses the catalogue and non-content assets on a certified court order, and the provision is subject to Probate Code §§2351 and 2351.5.
California estate shortcuts are built in
A personal representative may prove authority with letters of appointment, a court order, or a small-estate affidavit under §13101 (§§876–877). Trustees may use a certification of trust under §18100.5 instead of the full trust instrument (§§878–879), and a §13101 affiant may ask a custodian to terminate a deceased user's account (§880(g)).
One court, exclusive jurisdiction
Part 20 defines the court as the superior court handling the estate or, if none, the superior court of the user's county of domicile, and gives it exclusive jurisdiction over Part 20 proceedings (§871(e)). Undue-burden disputes over partial disclosure go to that court, which may order a date-limited subset, everything, nothing, or in-camera review (§875(d)).
What a California personal representative must give the custodian
After a death, Cal. Prob. Code §§870–884 separates two requests: the content of the user’s emails and messages, and everything else, including a catalogue of who the user corresponded with and when. Each has its own document list.
To obtain message content (§876)
- A written request for disclosure, in physical or electronic form
- A certified copy of the death certificate
- A certified copy of the letter of appointment, a small-estate affidavit under §13101, or a court order
- Unless the user gave direction through an online tool, a copy of the will, trust, power of attorney, or other record showing consent to disclosure of content
- If the custodian asks: an account identifier, evidence linking the account to the user, or a court order finding the account existed, disclosure would not violate federal law, the user consented, and disclosure is reasonably necessary for estate administration
To obtain the catalogue and other digital assets (§877)
- A written request, a certified death certificate, and the same proof of appointment or §13101 affidavit
- If the custodian asks: an account identifier, evidence linking the account to the user, an affidavit that disclosure is reasonably necessary for estate administration, or a court order
- No consent is needed for the catalogue unless the user prohibited disclosure or the court directs otherwise
Agents, trustees, and conservators in California
Agent under a power of attorney (§§879.1–879.2)
Since January 1, 2025, an agent can obtain message content only to the extent the power of attorney expressly grants authority over the content of electronic communications. Specific authority over digital assets or general authority is enough for the catalogue and non-content assets. In both cases the agent certifies under penalty of perjury that the power of attorney is in effect. Part 20 defines agent as an attorney-in-fact with authority over financial matters.
Trustee (§§878–879)
A trustee that is not the original user receives content on proof of the settlor's death, the trust instrument or a §18100.5 certification showing the settlor's consent, and a sworn certification that the trust exists and the trustee is acting. The catalogue and other trust assets require the same package, without the consent showing.
Conservator (§879.3)
Catalogue and non-content assets only, after a noticed hearing and on a certified court order granting authority over the conservatee's digital assets. A conservator may request account termination only with a court order authorizing it (§880(g)).
Can an online account setting override a California will?
Yes, within limits. Cal. Prob. Code §873 lets a user direct a custodian, through the custodian’s own online tool, to disclose or withhold some or all digital assets. If the tool lets the user change or delete that direction at any time, it overrides a contrary instruction in a will, trust, power of attorney, or other record. Where the user made no such direction, the estate documents control, and either kind of direction overrides a conflicting terms-of-service clause.
How Cal. Prob. Code §§870–884 is organized
| Section | Subject |
|---|---|
| §870 | Short title |
| §871 | Definitions |
| §872 | Applicability |
| §873 | User direction by online tool or other record |
| §874 | Terms-of-service agreements and limits on fiduciary rights |
| §875 | Methods of disclosure, charges, and undue burden |
| §876 | Content of electronic communications of deceased user |
| §877 | Catalogue and other digital assets of deceased user |
| §878 | Content held in trust when trustee is not the original user |
| §879 | Catalogue and other assets held in trust |
| §879.1 | Content of electronic communications of principal (added 2025) |
| §879.2 | Catalogue and other digital assets of principal (added 2025) |
| §879.3 | Conservator access (added 2025) |
| §880 | Fiduciary duties, authority, and account termination |
| §881 | Custodian compliance, court orders, and immunity |
| §882 | Relation to federal E-SIGN Act |
| §883 | Licenses and terms continue to apply |
| §884 | Severability |
California RUFADAA questions
Yes, since January 1, 2025. SB 1458 added §§879.1 and 879.2, which let an agent obtain the catalogue and non-content assets, and message content where the power of attorney expressly grants that authority. Earlier sources saying California excludes agents describe the pre-2025 law.
Yes. Sections 876 and 877 accept a small-estate affidavit under Probate Code §13101 as proof of authority, and §880(g) lets a §13101 affiant ask the custodian to terminate the account.
Only if the user consented through an online tool or in a will, trust, power of attorney, or other record, or a court directs disclosure (§876). Without consent, the catalogue of correspondents and dates remains available under §877.
Sixty days after receiving the required information. If it fails to comply, the fiduciary may apply to the superior court for an order, which must find that compliance does not violate 18 U.S.C. §2702 (§881).
The superior court administering the estate or, if there is none, the superior court of the user's county of domicile. It has exclusive jurisdiction over Part 20 proceedings (§871(e)).
Yes, if the online tool lets the user modify or delete the direction at all times. Under §873, that direction overrides a contrary will, trust, power of attorney, or other record.
Concepts that apply in every state
Some ideas work the same way under every RUFADAA-style statute: what counts as a digital asset, why the content of private messages is treated differently from a catalogue, what a custodian may hand over, and what these laws do not do (they never guarantee passwords). They are explained once in the RUFADAA overview.
Primary source
Online-tool provision: Cal. Prob. Code §873.
Where Vesperly fits
Cal. Prob. Code §§870–884 decides who may ask a custodian for what. Vesperly handles the practical side: keeping your records encrypted, verifying your executor and the death certificate, and releasing what you chose once those conditions are met. It does not replace the statute, your estate plan, or legal advice.
Other state guides
Educational information only. Not legal advice. Laws, provider procedures, federal requirements, and individual circumstances can change the result in a specific matter. Consult qualified counsel for legal advice.