Uniform Probate Code


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Uniform Probate Code

The Uniform Probate Code (UPC) is a comprehensive statute that unifies, clarifies, and modernizes the laws governing the affairs of decedents and their estates, certain transfers accomplished other than by a will, and trusts and their administration. The UPC was originally approved by the National Conference of Commissioners on Uniform State Laws and the House of Delegates of the American Bar Association in 1969. The purpose of the UPC is to modernize probate law and probate administration and to encourage uniformity through the adoption of the code by all fifty states. The UPC, which has been amended numerous times, has been adopted in its entirety by sixteen states: Alaska, Arizona, Colorado, Florida, Hawaii, Idaho, Maine, Michigan, Minnesota, Montana, Nebraska, New Mexico, North Dakota, South Carolina, South Dakota, and Utah. The other thirty-four states have adopted parts of the UPC, but in general the UPC has not succeeded in providing a uniform body of substantive and procedural probate law.

The UPC contains seven substantive articles. Article I contains general provisions, definitions, and jurisdictional topics. Article II governs wills and intestate succession, which occurs when a person dies without leaving a will. Article III deals with the probate of wills and the administration of estates, article IV concerns the probating of estates in states other than the domicile of the decedent, article V extends protection to persons under disability and their property, and article VI governs nonprobate transfers of property. Article VII contains comprehensive provisions on trust administration.

The prime objective of the UPC is to simplify the probate process. For example, article III provides for supervised and unsupervised administration of probate. For estates with few assets and no disputes among the beneficiaries, the UPC allows unsupervised administration. In this case the executor of the will, who is called a Personal Representative in the UPC, handles the probating of the estate without direct supervision by the probate court. The personal representative handles every step of the probate process by filing a series of simple forms with the probate court. Unsupervised administration reduces the cost of probate and speeds up the process. Probate courts are freed from dealing with routine matters and may concentrate their efforts on estates with substantial assets or contested matters, where supervised administration is necessary.

The adoption of the UPC by state legislatures has been fought both by attorneys, who are opposed to unsupervised administration and to the overturning of current state laws governing probate, and by bonding companies, which stand to lose business because unsupervised probate does not require the posting of a bond. In light of this opposition, the Commissioners on Uniform State Laws have developed freestanding acts from similar provisions integrated into the UPC. This technique permits provisions, such as those involving powers of attorney and guardianship, to become law without disturbing other parts of a state's probate code.

Further readings

Averill, Lawrence H., Jr. 2001. Uniform Probate Code in a Nutshell. 5th ed. St. Paul, Minn.: West Group.

——. 1992. "An Eclectic History and Analysis of the 1990 Uniform Probate Code." Albany Law Review 55 (summer).

Stimmel, Andrew. 2002. "Mediating Will Disputes: A Proposal to Add a Discretionary Mediation Clause to the Uniform Probate Code." Ohio State Journal on Dispute Resolution 18 (fall).

Cross-references

Descent and Distribution; Executors and Administrators.

References in periodicals archive ?
An early draft of the Uniform Probate Code had included a provision requiring parties to formalize all will contracts "in the manner hereinafter prescribed for the execution of attested written wills.
The outer limitations period under the Uniform Probate Code is three years.
This Article will examine the 2008 provisions of the Uniform Probate Code regarding assisted reproduction and the proposed standards for determining parentage when a child is conceived after one of the intended parents has died.
Often these states were influenced by the Uniform Probate Code ("UPC") or the Restatement (Second) of Trusts.
Since its inception, the ULC has been responsible for more than 200 acts, among them such bulwarks of state statutory law as the Uniform Commercial Code, the Uniform Probate Code, the Uniform Partnership Act, and the Uniform Interstate Family Support Act.
Kenneth Brier, CPA and lawyer with Bingham Dana LLP, Boston, says, "You would need a tailored rule-against-perpetuities [time frame] termination provision in a trust governed by the laws of a state that hasn't adopted a more lenient RAP provision for trusts for pets, such as that in the uniform probate code.
In any event, the Deutsch decision should provide long-overdue guidance to tax practitioners in jurisdictions which have enacted the elective share provisions of the Uniform Probate Code.
In addition, you'll find the full texts of every state statute regarding situs changes, as well as an analysis of the key provisions of leading states and the Uniform Probate Code, the proposed Uniform Trust Act, and the revision of the Uniform Partnership Act (including provisions governing applicable LLPs).
This third edition offers expanded coverage of the elective share doctrine of the Uniform Probate Code, analyzing the Code's harmless error approach versus the traditional strict compliance approach.
As originally drafted, the Uniform Probate Code (the "Code") stopped short of allowing a guardian to execute or amend a ward's will, but the Code did grant guardians power, with the court's approval, to execute or amend a revocable inter vivos trust.
The Uniform Probate Code, promulgated by the Commissioners on Uniform Laws, was reviewed in detail, and certain concepts or language in the UPC was incorporated.
Under the Uniform Probate Code (which abolishes dower), the elective share permits a surviving spouse to take property either under the will of the deceased spouse, or to take a percentage of the deceased spouse's separate property (which increases based on the number of years that the couple was married).

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