§ 873
161 words·~1 min read·
/ca/probate-code/873A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A user may use an online tool to direct the custodian to disclose to a designated recipient or not disclose some or all of the user’s digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.
(b)If a user has not used an online tool to give direction under subdivision
(a)or if a custodian has not provided an online tool, a user may allow or prohibit in a will, trust, power of attorney, or other record the disclosure to a fiduciary of some or all of the user’s digital assets, including the contents of electronic communications sent or received by the user.
(c)A user’s direction under subdivision
(a)or
(b)overrides a contrary provision in a terms-of-service agreement.