SB 849

Bill Subjects

Abstract

Existing law prescribes a process for the appointment of a personal representative for the purpose of administering the estate of a decedent. Existing law grants to the personal representative certain powers, including the right to possess and control the property of the decedent to be administered in the estate, and limits the liability of a personal representative for actions taken in good faith in connection with real or personal property. This bill would authorize the personal representative to request, and would authorize an electronic communication service or remote computer service to provide, access to the electronic mail account of a decedent or to copies of the content of the account, subject to any applicable service agreement. To exercise this right, the bill would require the personal representative to provide the account's service provider with a certified copy of the court order appointing the personal representative, a copy of the decedent's death certificate, a written request for access or copies, and an order of the probate court designating the executor or administrator as an agent for the subscriber and requiring the estate to indemnify the electronic communication service or remote computing service from all liability in complying with the order.