---
title: "List the digital-asset facts in the estate file"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession/list-digital-asset-and-online-account-steps-for-the-estate/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A17-T1-R12-US"
practice_area: "Wills, Estates, Probate & Succession"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List the digital-asset facts in the estate file

> List each account the file names, any designated recipient the file names, and any terms-of-service direction the file already contains, with the page. Write no request to a custodian and decide no right of access.

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession/list-digital-asset-and-online-account-steps-for-the-estate/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Wills, Estates, Probate & Succession](https://ailawframework.com/practice/wills-estates-probate-and-succession.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List each account the file names, any designated recipient the file names, and any terms-of-service direction the file already contains, with the page. Write no request to a custodian and decide no right of access. |
| What the lawyer must review | You decide what the personal representative may ask for. Section 871(h) defines a digital asset as an electronic record in which an individual has a right or interest, and it excludes an underlying asset or liability unless that asset or liability is itself an electronic record. Section 871(g) defines a designated recipient as a person the user chose with an online tool. Section 880(a) applies the duties of care, loyalty, and confidentiality to management of digital assets. Section 880(b)(1) makes the fiduciary's authority subject to the terms-of-service agreement except as § 873 provides, and § 880(b)(4) says the authority may not be used to impersonate the user. Section 880(c)(1) gives access to a digital asset not held by a custodian or subject to a terms-of-service agreement, and § 880(c)(2) does not require a custodian to share passwords. Open § 873 and the disclosure sections before you demand the content of a communication. |
| Written for | United States |
| Applies to | [List digital-asset and online-account steps for the estate](https://ailawframework.com/practice/wills-estates-probate-and-succession/list-digital-asset-and-online-account-steps-for-the-estate.md) |

## Checking plan

- What the AI does: List each account the file names, any designated recipient the file names, and any terms-of-service direction the file already contains, with the page. Write no request to a custodian and decide no right of access.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Sections 871 and 880 are California. Another state may not have enacted the same fiduciary-access statute.
- Copyright still limits what the fiduciary may copy. Section 880(b)(2) says the authority is subject to other law, including copyright law.

## Sources

- [California Probate Code § 871 (digital-asset definitions)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=871) (checked 2026-10-22)
- [California Probate Code § 880 (fiduciary authority over digital assets)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=880) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*