Uniform Probate Code
The Uniform Probate Code (commonly abbreviated UPC) is a uniform act drafted by National Conference of Commissioners on Uniform State Laws (NCCUSL) governing inheritance and the decedent's estates. The primary purposes of the act were to streamline the probate process and and to standardize and modernize the various state laws governing wills, trusts, and intestacy.
The original UPC was drafted in 1969 as a joint project between NCCUSL and the Real Property, Probate and Trust Law Section of the American Bar Association. It has been revised several times, most recently in 1991.
Adoption by the states
Although the UPC was intended for adoption by all 50 states, the original 1969 version of the code was adopted in its entirety by only sixteen states[1]: Alaska, Arizona, Colorado, Florida, Hawaii, Idaho, Maine, Michigan, Minnesota, Montana, Nebraska, New Mexico, North Dakota, South Carolina, South Dakota, and Utah. The remaining states have adopted various portions of the code in a piecemeal fashion. In general, the UPC has not been as successful a standardization of the law as the Uniform Commercial Code has been.
Basic outline of the Uniform Probate Code
The UPC has seven sections, each covering a different set of rules for this area of the law:
| ART. | TITLE | CONTENTS |
|---|---|---|
| 1 | General Provisions, Definitions, and Probate Jurisdiction of Court | Definitions, rules of interpretation, jurisdiction and venue |
| 2 | Intestacy, Wills, and Donative Transfers | Intestate succession of property, procedures for making and interpretation of wills, Statutory Rule against perpetuities |
| 3 | Probate of Wills and Administration | Procedural rules for the probate process |
| 4 | Foreign Personal Representatives and Ancillary Administration | Rules governing personal representatives outside the decedent's domiciliary state |
| 5 | Protection of Persons under Disability and their Property | Power of attorney and rules for guardianship of minors and incapacitated persons |
| 6 | Nonprobate Transfers on Death | Rules governing nonprobate transfers, such as joint bank accounts, life insurance policies, and transfer-on-death (TOD) securities. |
| 7 | Trust Administration | Provisions governing management of trusts; fiduciary duties of trustees |
External links
- Summary of the Uniform Probate Code, from NCCUSL
- Thomson-West Legal Encyclopedia entry, courtesy of Jrank
- Guide to the various versions of the UPC from Legal Information Institute
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- ^ Thomson-West reports that only 16 states adopted the UPC in its original form, while NCCUSL and LII report this number at 18.