(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.
(Added by Stats. 2016, Ch. 551, Sec. 1. (AB 691) Effective January 1, 2017.)
Last modified: October 25, 2018