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HomeProbate CodeDiv. 2Pt. 20§ 874 Digital Asset Access Limits

§ 874 Digital Asset Access Limits

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

§ 874 Digital Asset Access Limits

This law says a user’s right to their online stuff stays the same, and a fiduciary (like a lawyer or executor) can’t get any extra rights beyond what the user already has.

Key Takeaways

  • •A user’s right to access and use their digital assets is not changed by this law.
  • •A fiduciary or designated recipient only gets the same rights the user already had; no new powers are added.
  • •A user, federal law, or the service’s terms can limit or end a fiduciary’s access if the user didn’t give a recognized direction.

Example

A person passes away and their executor wants to log into the deceased’s social‑media account.

The executor can only use the account if the user gave clear permission, or if a court or the service’s rules say so; otherwise the executor’s access can be cut off.

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

Official Source
View on CA.gov

§ 874 Digital Asset Access Limits

(a) This part does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of a user. (b) This part does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate or trust, the fiduciary or designated recipient acts or represents. (c) A fiduciary’s or designated recipient’s access to digital assets may be modified or eliminated by a user, by federal law, or by a terms-of-service agreement when the user has not provided any direction that is recognized in Section 873. (Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)

Last verified: January 11, 2026

Key Terms

custodianuserterms-of-service agreementdigital assetsfiduciarydesignated recipientSection 873

Related Statutes

  • § 881 Digital Asset Disclosure Compliance
  • § 873 Digital Asset Disclosure Control
  • § 877 Digital Assets Disclosure Requirements
  • § 879 Trustee Digital Asset Disclosure
  • § 879.2 Agent Digital Asset Disclosure

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Probate Code. Section 874.
View Official Source