In the Matter of Estate of Levi Isaac Lopez

Case Number

Case Type Decedent's Estate Hearing Date / Time Wed, 04/15/2026 - 09:30 Nature of Proceedings Motion to Compel Tentative Ruling Probate Notes: Appearances required.

The following is noted for the Court at the hearing: A fiduciary [1] may "apply to the court for an order directing compliance" with the RUFADAA if the fiduciary shows compliance with sections 876 through 879.3 and the custodian [2] of the records sought by the fiduciary does not provide the requested information within 60 days. (Prob. Code, Sec.881(a).)

In a decedent's estate, compliance with Probate Code section 876 triggers the duty of the custodian to give access to the records. In this case, the Decedent's records are alleged to belong to an email address at levi.lopez1987@gmail.com. Petitioner alleges the following requirements were followed:? A written request for disclosure in physical or electronic form.? A certified copy of the death certificate of the user.? A certified copy of the letter of appointment of the representative, a small-estate affidavit under Section 13101, or court order.

However, Petitioner also admits that the following requirement outlined in section 876 was not met:? Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications.

Nor could it be, because Decedent died intestate, and thus did not leave any of the above estate plans for Google, Inc. to rely upon in determining the Decedent's intent to grant access to their email account. Therefore, it appears that the that unless the user either designated disclosure via an online tool, or executed an estate plan that designates disclosure, the custodian of the records has a right to refuse disclosure, and it is arguable this court has no authority to order disclosure.

Even if the Court had authority to order disclosure under the RUFADAA, the extent of the disclosure sought by the Personal Representative in this case is beyond the scope of what the Court could order, due to the limiting language in Probate Code sections 879 et seq. At each section, the disclosure is limited to what amounts to metadata by the language of "other than the content of electronic communications" in each section. Thus, the contents of emails and other files being sought by the Personal Representative in this case are not disclosable.

[1] "Fiduciary" means an original, additional, or successor personal representative, conservator, agent, or trustee. (Prob. Code, Sec.871(l).)

[2] "Custodian" means a person who carries, maintains, processes, receives, or stores a digital asset of a user. (Prob. Code, 871(f).)