California 2013-2014 Regular Session Status: In Committee

SB 849 — Decedents' estates: electronic mail.

Last action — From committee without further action.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law prescribes a process for the appointment of a personal representative for the purpose of administering the estate of a decedent. Existing law grants to the personal representative certain powers, including the right to possess and control the property of the decedent to be administered in the estate, and limits the liability of a personal representative for actions taken in good faith in connection with real or personal property. This bill would authorize the personal representative to request, and would authorize an electronic communication service or remote computer service to provide, access to the electronic mail account of a decedent or to copies of the content of the account, subject to any applicable service agreement. To exercise this right, the bill would require the personal representative to provide the account's service provider with a certified copy of the court order appointing the personal representative, a copy of the decedent's death certificate, a written request for access or copies, and an order of the probate court designating the executor or administrator as an agent for the subscriber and requiring the estate to indemnify the electronic communication service or remote computing service from all liability in complying with the order.

Bill Text

Action History

  1. From committee without further action.

  2. Set, first hearing. Testimony taken.

  3. Set for hearing May 6.

  4. Re-referred to Com. on JUD.

  5. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  6. Referred to Com. on RLS.

  7. From printer. May be acted upon on or after February 9.

  8. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Anderson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Anderson

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

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Frequently asked questions

What does SB 849 do?
Existing law prescribes a process for the appointment of a personal representative for the purpose of administering the estate of a decedent. Existing law grants to the personal representative certain powers, including the right to possess and control the property of the decedent to be administered in the estate, and limits the liability of a personal representative for actions taken in good faith in connection with real or personal property. This bill would authorize the personal representative to request, and would authorize an electronic communication service or remote computer service to provide, access to the electronic mail account of a decedent or to copies of the content of the account, subject to any applicable service agreement. To exercise this right, the bill would require the personal representative to provide the account's service provider with a certified copy of the court order appointing the personal representative, a copy of the decedent's death certificate, a written request for access or copies, and an order of the probate court designating the executor or administrator as an agent for the subscriber and requiring the estate to indemnify the electronic communication service or remote computing service from all liability in complying with the order.
Who sponsors SB 849?
SB 849 is sponsored by Anderson.
What is the current status of SB 849?
This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 849?
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