California Digital Assets in Probate: RUFADAA Guide

Digital assets like email accounts, social media, cryptocurrency, online banking, and digital photos present special challenges when someone dies. Unlike physical property, digital assets sit behind service providers with their own terms of service. California addresses this with its own enactment: California Probate Code Sections 870 through 884, the "Revised Uniform Fiduciary Access to Digital Assets Act" (RUFADAA), effective January 1, 2017 (with fiduciary-access amendments effective January 1, 2025).

This guide leads with what those sections actually say, then covers how an executor accesses accounts and how you can plan for your own digital legacy. It is general information, not legal advice.

California Probate Code Sections 870-884

RUFADAA is a uniform act that about 46 states have adopted, so the moving parts look similar across state lines. What is specific to California is how the Probate Code codifies it, which sections a California executor points to, and what documentation a custodian may demand in a California proceeding. Here is the California framework, section by section.

The definitions that decide the case (Section 871). Section 871 sets the terms that control every access request. A custodian is the person that carries, maintains, processes, or stores a digital asset (Google, Apple, a crypto exchange). A user is the person who holds the account. The statute draws a line that runs through the whole act: the catalogue of electronic communications is the list of who the user communicated with, and when, and the addresses used, while the content of electronic communications is the substance of the messages themselves. An online tool is a provider feature, separate from the general terms of service, that lets a user direct disclosure. These are not casual labels. They set exactly what a California fiduciary can obtain and what proof unlocks it.

California's codified three-tier priority (Section 873). This is the heart of the act, and in California it is statute, not custom. Section 873 fixes the order of authority:

An online-tool direction controls first. If the user used a provider's tool (Google Inactive Account Manager, Facebook Legacy Contact, Apple Digital Legacy) to say what happens to the account, that direction overrides a contrary instruction in a will, trust, or power of attorney.
If there is no online tool, a direction in the will, trust, or power of attorney controls next, and it overrides the provider's terms of service.
Only if the user did neither do the provider's terms of service control.

The practical lesson from Section 873: a will clause authorizing digital access is worth little if the decedent left a conflicting setting inside the provider's own tool, because the tool wins. Check for online-tool designations before you rely on the will.

What a custodian may hand over, and how (Section 875). Section 875 gives the custodian choices when a valid request arrives. It may grant the fiduciary full or partial access to the account, or it may simply provide copies of the digital assets the user could have accessed. The custodian may charge a reasonable administrative fee, and it need not disclose a deleted asset or segregate commingled records if doing so imposes an undue burden (in which case it may ask the court for direction). So a California executor should not expect a live login in every case; a data export can satisfy the statute.

The disclosure sections a deceased user's executor uses (Sections 876-877). These are the sections a California personal representative cites by number. To obtain the content of electronic communications under Section 876, the executor sends the custodian a written request plus a certified death certificate, certified letters (letters testamentary or letters of administration, a small-estate affidavit, or a court order), and a copy of the will, trust, or power of attorney showing the user consented to content disclosure, unless the user used an online tool granting that access. To obtain the catalogue and non-content digital assets under Section 877, the executor sends the request, the certified death certificate, and the letters, but does not have to produce a consent document (the custodian can still ask a court to order it). This is the catalogue-versus-content line from Section 871 doing its work: the list of contacts is easier to get than the words inside the messages.

Trustees and agents have their own sections (Sections 878-879.3). A successor trustee of the decedent's trust uses Sections 878 and 879 (content, then catalogue), providing a certified death certificate of the settlor and a certification of trust. California's 2025 amendments added Sections 879.1 and 879.2 for an agent acting under a power of attorney with express digital authority, and Section 879.3 for a conservator, who obtains catalogue and non-content assets only after a noticed hearing and court order. If you are administering a California trust rather than a probate estate, you are working from the trustee sections, not the executor sections.

The 60-day clock and good-faith immunity (Section 881). Once the custodian has the required information, Section 881 gives it 60 days to comply, and a fiduciary who has waited that long can renew the demand and, if needed, ask the Superior Court to compel compliance. The same section grants the custodian immunity for good-faith acts, which is often why a provider insists on the exact documents above before it moves.

Because RUFADAA is uniform, the catalogue-versus-content distinction and the online-tool/will/terms priority below look similar in other states. What is specific to California is the citation itself, Probate Code Sections 870 to 884, the trustee sections at 878 and 879, and the 2025 agent and conservator additions at 879.1 through 879.3. A California probate attorney works from these sections and the rest of the California probate process.

Where California differs from the bare uniform act

California adopted RUFADAA close to the model, but with its own additions. The 2025 amendments extended the act to agents under a power of attorney (Sections 879.1 and 879.2) and to conservators (Section 879.3), which the original 2017 California enactment did not spell out. That matters for incapacity planning: an agent with express digital authority now has a statutory path to a California custodian, not just a hope that the provider cooperates. As always, the online-tool designation still outranks the power of attorney under Section 873, so a durable power of attorney is not a substitute for setting the provider's own tool.

What Are Digital Assets?

Digital assets include any electronic records you have rights to:

Financial Digital Assets

Cryptocurrency (Bitcoin, Ethereum, etc.)
Online banking and investment accounts
PayPal, Venmo, and payment apps
Airline miles and reward points
Domain names
NFTs and digital collectibles

Communication Digital Assets

Email accounts (Gmail, Outlook, Yahoo)
Text messages
Messaging apps (WhatsApp, Signal)

Social Media

Facebook and Instagram
Twitter/X
LinkedIn
TikTok
YouTube channels

Storage and Media

Cloud storage (Google Drive, Dropbox, iCloud)
Digital photos and videos
Music and movie libraries (iTunes, Amazon)
E-books and audiobooks
Online gaming accounts

Business Digital Assets

Business websites and blogs
E-commerce stores
Customer databases
Intellectual property stored digitally
Software licenses

Accessing Accounts After Death in California

General Process

Identify digital assets the decedent owned
Determine which sections apply. A probate estate uses Sections 876-877; a trust uses Sections 878-879; an agent under a power of attorney uses Sections 879.1-879.2
Check for an online-tool designation first, because under Section 873 it outranks the will
Contact custodians with the Section 876/877 documentation below
Follow provider procedures for deceased-user accounts, and use the 60-day clock in Section 881 if a provider stalls

Documentation a California Custodian May Require

Under Sections 876 and 877, a California personal representative sends:

A written request for disclosure
A certified death certificate
Certified letters testamentary or letters of administration from the Superior Court (or a court order, or a qualifying small-estate affidavit)
For content of communications, a copy of the will, trust, or power of attorney evidencing the decedent's consent, unless an online tool granted that access
On the custodian's request, account identifiers or evidence linking the account to the decedent, and in some cases a court order
Government-issued ID of the executor and the provider's own deceased-user form

Major Provider Policies

Google:

Inactive Account Manager allows pre-planning
Can request account data or deletion
Requires court order for content access without prior authorization
Form available at Google's deceased user support page

Facebook/Meta:

Legacy Contact feature allows pre-designation
Options: memorialize, remove, or request data download
Special request form for verified family members

Apple:

Digital Legacy program (iOS 15.2+) allows pre-planning
Legacy Contact can access most data
Without pre-planning, requires court order

Microsoft:

Next of Kin process for Outlook, OneDrive
Provides data DVD to verified family
Account is eventually deleted

Twitter/X:

Deactivation request by verified family member
Limited data access options
Account removal upon request with documentation

Cryptocurrency Challenges

Cryptocurrency presents special problems:

Private Key Access: Without the private key or seed phrase, cryptocurrency is likely lost forever. No company or court can recover it.

Hardware Wallets: Physical devices containing crypto require PINs and passwords.

Exchange Accounts: Cryptocurrency held on exchanges (Coinbase, Kraken) is more accessible through normal probate procedures.

Documentation Critical: The only way to ensure crypto passes to heirs is documenting access information securely.

Planning for Your Digital Assets

Step 1: Inventory Your Digital Assets

Create a full list:

Asset Type	Account/Service	Value/Importance	Access Info Location
Email	Gmail	Critical	Password manager
Crypto	Coinbase	$50,000	Hardware wallet
Social	Facebook	Sentimental	Legacy contact set
Photos	iCloud	Priceless	Apple ID

Step 2: Use Provider Tools

Take advantage of built-in legacy features:

Google Inactive Account Manager:

Set time period of inactivity
Designate up to 10 trusted contacts
Choose what data to share
Option to delete account

Facebook Legacy Contact:

Designate someone to manage your profile after death
Choose memorialization preferences
Download your data option

Apple Digital Legacy:

Add Legacy Contacts
They receive access key
Works with your Apple ID data

Step 3: Document Access Information

Create a secure record of:

Account usernames and passwords
Two-factor authentication backup codes
Security question answers
Cryptocurrency private keys and seed phrases
Password manager master password

Storage Options:

Password manager with emergency access feature
Encrypted document with key stored separately
Physical document in safe deposit box
Attorney's secure storage

Step 4: Update Your Estate Plan

Include digital asset provisions in your will or trust:

Authorization Language:

"I authorize my executor/trustee to access, manage, and control my digital assets, including the content of electronic communications, to the fullest extent permitted by law."

Specific Instructions:

"My cryptocurrency holdings shall be transferred to [beneficiary]. My executor shall have full authority to access my cryptocurrency wallets and exchanges."

Step 5: Designate a Digital Executor

Consider naming someone tech-savvy to handle digital assets specifically:

May be same as your executor or different
Should understand cryptocurrency if you own any
Should be trusted with sensitive information

Executor's Guide to Digital Assets

Discovery Phase

Physical Search:

Computers and laptops
Smartphones and tablets
External hard drives
Hardware wallets (look like USB drives)
Paper records with account information

Digital Search:

Email for account notifications
Browser saved passwords
Password manager
Financial records showing digital purchases

Paper Trail:

Bank statements showing digital transactions
Credit card charges to digital services
Tax returns (especially for cryptocurrency)

Accessing Without Passwords

If you cannot find login credentials:

Check password managers - May be accessible on unlocked devices
Use password reset - If you have access to the email account
Contact custodians - With the Section 876/877 documents, then wait out the 60-day period in Section 881
Petition the Superior Court - For an order compelling disclosure under RUFADAA once the custodian has been given the required information and has not complied

Valuation Challenges

Cryptocurrency:

Highly volatile. Document value at date of death
Use exchange rates from reputable sources
May need to report as part of estate inventory

Digital Businesses:

Websites and online businesses require professional valuation
Revenue, traffic, and customer data affect value

Digital Collections:

NFTs and digital art may have significant value
Gaming accounts with rare items can be valuable

Security Concerns

Change Passwords: Once you have access, change passwords to prevent unauthorized access.

Enable Two-Factor: Add additional security to prevent hacking during administration.

Beware of Scams: Do not respond to unsolicited offers to "help" with cryptocurrency.

Common Complications

Terms of Service Conflicts

Many providers' terms technically prohibit sharing login credentials. Under Section 873, a direction in the decedent's will, trust, or power of attorney overrides those terms in California, provided the decedent did not leave a conflicting online-tool designation, which would control instead. Some providers still resist and demand a court order.

Solutions:

Cite California Probate Code Section 873 (priority) and Section 876 or 877 (the disclosure the custodian owes)
Provide the certified death certificate and Superior Court letters
Invoke the 60-day compliance deadline in Section 881
Request manager escalation, and petition the Superior Court to compel if the custodian still refuses

Multi-State Issues

If the decedent lived in California but the provider is elsewhere:

California law governs the estate opened in the California Superior Court
Sections 870-884 apply to the California proceeding
Providers in states without RUFADAA may still resist

Lost Cryptocurrency

If private keys cannot be found:

The cryptocurrency is likely gone permanently
No legal process can recover it
This is why planning is critical

Account Licenses vs. Ownership

Many digital "purchases" are actually licenses:

iTunes music is licensed, not owned
E-books are licensed, not owned
Licenses typically terminate at death
This affects what passes to heirs

Privacy Considerations

The Decedent's Privacy

RUFADAA protects privacy even after death:

Content of communications requires explicit authorization
Catalog-only access is the default
Some secrets may appropriately stay secret

Beneficiary Privacy

Be careful with:

Communications between decedent and beneficiaries
Private matters revealed in emails
Photographs that may embarrass

Legal Obligations

Executors should not:

Share private information unnecessarily
Access accounts without authorization
Use information for personal benefit

Frequently Asked Questions

What is RUFADAA?

RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act) is California law at Probate Code Sections 870 to 884, effective January 1, 2017. It governs how an executor, trustee, or agent accesses a person's digital assets, and it sets the priority order in Section 873: an online-tool designation controls first, then the will, trust, or power of attorney, and only then the provider's terms of service.

Can an executor access email without permission?

Under Section 877, an executor can obtain the catalogue of communications (the list of senders, recipients, and dates) with the death certificate and Superior Court letters. To obtain the content of the emails under Section 876, the executor also needs a will, trust, or power of attorney showing the decedent consented to content disclosure, unless the decedent used a provider online tool granting that access.

What happens to cryptocurrency when someone dies?

Cryptocurrency passes to beneficiaries like other assets, but access requires the private keys or seed phrases. Without this information, the cryptocurrency may be permanently inaccessible. Planning ahead is critical.

How do I access a deceased person's Facebook?

Contact Facebook through their memorialization request process. Options include memorializing the profile, requesting removal, or accessing data (with appropriate documentation). A designated Legacy Contact can manage some features.

Should I share my passwords with my executor?

Rather than sharing all passwords, consider using a password manager with emergency access, creating a secure document stored with your estate plan, or using provider legacy features. Balance access against security during your lifetime.

Sources

"California Probate Code Sections 870-884, Revised Uniform Fiduciary Access to Digital Assets Act," California Legislative Information, accessed 2026-07-02, https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=2.&title=&part=20.&chapter=&article=
"California Probate Code Section 873 (priority of user directions)," California Legislative Information, accessed 2026-07-02, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=873.
"Revised Uniform Fiduciary Access to Digital Assets Act," Uniform Law Commission, 2015, https://www.uniformlaws.org/committees/community-home?CommunityKey=f7237fc4-74c2-4728-81c6-b39a91ecdf22
Google, Facebook, Apple, and Microsoft deceased user policies (accessed January 2026)

This guide provides general information about digital assets in California probate. Consult with a California probate attorney for advice specific to your situation. It is not legal advice.