§ 877 Digital Assets Disclosure Requirements

Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the personal representative gives to the custodian all of the following: (a) A written request for disclosure in physical or electronic form. (b) A certified copy of the death certificate of the user. (c) A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order. (d) If requested by the custodian, any of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user’s account. (2) Evidence linking the account to the user. (3) An affidavit stating that disclosure of the user’s digital assets is reasonably necessary for estate administration. (4) An order of the court finding either of the following: (A) That the user had a specific account with the custodian, identifiable by the information specified in paragraph (1). (B) That disclosure of the user’s digital assets is reasonably necessary for estate administration. (Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)