SB 1458

Bill Subjects

Abstract

Existing law, the Revised Uniform Fiduciary Access to Digital Assets Act, generally authorizes a decedent's fiduciary to access and manage digital assets and electronic communications, as specified. The act authorizes a user, defined to mean a person who has an account with a custodian, to use an online tool to direct the custodian to disclose or not disclose the user's digital assets to a designated recipient, which is defined to mean a person chosen by a user using an online tool to administer digital assets of the user. The act specifies that, if a user has not used an online tool to give that direction, the user may give direction regarding the disclosure of digital assets in a will, trust, power of attorney, or other record to a fiduciary. The act defines "fiduciary" for purposes of the act to mean an original, additional, or successor personal representative or trustee. Under existing law, the act applies in certain situations, including when a fiduciary is acting under a will. This bill would add conservator and agent to the definition of "fiduciary" for purposes of these provisions. The bill would also define "agent," "conservator," "conservatee," and "principal" for purposes of the act. This bill would also make the act applicable if a fiduciary is acting under a power of attorney or to a conservator, as specified. The bill would require a custodian to disclose to an agent the content of electronic communications or the catalogue of electronic communications sent or received by a principal and digital assets, other than the content of electronic communications, as specified. The bill would require a custodian to disclose to a conservator the catalogue of electronic communications sent or received by a conservatee and digital assets, other than the content of electronic communications, as specified. Existing law imposes the legal duties of care, loyalty, and confidentiality on a fiduciary charged with digital assets. Existing law gives a fiduciary specific authorities when acting within the scope of their duties, including making the fiduciary an authorized user of the property of the decedent or settlor, as specified. Existing law authorizes a fiduciary to request that a custodian terminate a user's account and requires that request to include specific information, including a certified copy of the letter of appointment of the representative, a small-estate affidavit, a court order, a certified copy of the trust instrument, or the certification of the trust, as specified. This bill would extend that authority to a fiduciary with respect to the property of a conservatee or principal. The bill would also authorize a fiduciary, or an affiant acting with respect to a deceased user, as specified, to submit a request for termination with a power of attorney. Existing law requires a custodian to comply with a request from a fiduciary or designated recipient to disclose digital assets or terminate an account within 60 days after the receipt of information, as specified. Existing law specifies that it does not limit a custodian's ability to obtain, or require a fiduciary or designated recipient to obtain, a court order that makes specific findings, including that the account belongs to the decedent, principal, or trustee and that there is sufficient consent from the decedent, principal, or settlor to support the disclosure. This bill would also authorize a custodian to, or require a fiduciary or designated recipient to, obtain a court order that finds that the account belongs to, and that there is sufficient consent from, the conservatee. The bill would also make technical and conforming changes.