(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.

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Terms Used In California Probate Code 874

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See California Probate Code 871
  • Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See California Probate Code 871
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: means an original, additional, or successor personal representative or trustee. See California Probate Code 871
  • Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See California Probate Code 871
  • Trust: includes the following:

    California Probate Code 82

  • User: means a person that has an account with a custodian. See California Probate Code 871

(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.)

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