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HomeProbate CodeDiv. 2Pt. 20§ 872 Fiduciary Digital Asset Access

§ 872 Fiduciary Digital Asset Access

Probate Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 872 Fiduciary Digital Asset Access

This law says that anyone who handles a person's money, property, or digital assets after they die or can't manage them themselves must follow special rules, no matter when the will, trust, or power of attorney was created.

Key Takeaways

  • •Applies to executors, trustees, conservators, and digital asset custodians regardless of when the document was made.
  • •Does not cover digital assets used by employees for work.
  • •Begins to apply on January 1, 2025.

Example

A sibling is the executor of their parent's estate and also manages the parent's online photo storage after the parent dies.

Because the sibling is a personal representative handling the parent's assets, the law requires them to treat the digital photos like any other property and follow the rules for managing them.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 872 Fiduciary Digital Asset Access

(a) This part shall apply to all of the following: (1) A fiduciary acting under a will executed before, on, or after January 1, 2017. (2) A personal representative acting for a decedent who died before, on, or after January 1, 2017. (3) A trustee acting under a trust created before, on, or after January 1, 2017. (4) A custodian of digital assets for a user if the user resides in this state or resided in this state at the time of the user’s death. (5) A conservator appointed before, on, or after January 1, 2025. (6) A fiduciary acting under a power of attorney executed before, on, or after January 1, 2025. (b) This part does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business. (Amended by Stats. 2024, Ch. 799, Sec. 2. (SB 1458) Effective January 1, 2025.)

Last verified: January 11, 2026

Key Terms

fiduciarypersonal representativetrusteecustodian of digital assetsconservatorpower of attorneydigital asset

Related Statutes

  • § 1204 Fiduciary Notice Waiver Rules
  • § 300 Trust Company Appointment Authority
  • § 39 Definition Of Fiduciary
  • § 1208 Trust Beneficiary Notice Requirements
  • § 301 Trust Company Bond Exemption

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 872.
View Official Source