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 decedents' estates in the United States. The primary purposes of the act were to streamline the probate process and to standardize and modernize the various state laws governing wills, trusts, and intestacy.
History
Drafting of the Uniform Probate Code began in 1964. The final version of the original UPC was promulgated in 1969 as a joint project between NCCUSL and the Real Property, Probate and Trust Law Section of the American Bar Association. Richard V. Wellman served as Chief Reporter on the project. The UPC has been revised several times, most recently in 2008.[1]
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:[2] 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 any case, even among the adopting jurisdictions, there are variations from state to state, some of which are significant. A person attempting to determine the law in a particular state should check the code as actually adopted in that jurisdiction and not rely on the text of the UPC as promulgated by NCCUSL. In general, the UPC has not been as successful a standardization of the law as the Uniform Commercial Code has been.
Variations in the states
In Payne v. Stalley,[3] a Michigan lawyer relied on the official text of the Uniform Probate Code and failed to check the statute as it had been adopted in Florida. As a result, the lawyer missed a filing deadline on a $3,760,909.49 claim. As the Florida appellate court pointed out, "[w]e cannot rewrite Florida probate law to accommodate a Michigan attorney more familiar with the Uniform Probate Code."[4] The Uniform Law Commission no longer lists Florida as one of the states that has adopted the Uniform Probate Code.[5] Cook County steals from many disabled and elderly and kills them with toxic medications. Shots without consent are a type of stabbing that Cook County does. Illinois and Cook County Guardian have been making slaves of persons, beating them with toxic medications, so Cook County can steal money from families more effectively as their victims are dead. Cook County killed my mom from 2005-2017 with her dying on 7/15/2017 Cook County beat my mom so she could not walk, talk or move. Cook County stole 6 phones, jewelry, books from my mom and I. Cook County denied phone, visits, fresh air away from smoke, parks, zoos, gardens, reunions, museums, consent, fresh air, birthdays, home, belongings, even though mom and I requested visits, phone, home, church. Cook County stole $150,000 from my mom and I. Much like Dr. Neill Cream killed about 5 people and may have been Jack the Ripper as he said that when died, Cook County has been using toxic chemicals to get away with stealing from elderly and disabled. Cook County after killing many elderly and disabled with toxic medications gives the money to Boeing corporation a large weapons dealer that provided the 4 airplanes in 911. Illinois and Cook County Guardian use their probate law to take away the rights and resources of disabled. Please sue Cook County and Illinois for its system of enslaving of the disabled and their families and violating the ADA. James T. Struck BA, BS, AA, MLIS
Basic outline
The UPC has seven articles, 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, interpretation, and revocation of wills (includes Statutory rule against perpetuities and Uniform Simultaneous Death Act) |
| 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. The provisions of Article 7 have been superseded by the Uniform Trust Code. |
See also
- Uniform Power of Attorney Act (expanded upon the framework for power of attorney)
- Uniform Act
- List of Uniform Acts (United States)
References
- ^ 2008 Amendments to Uniform Probate Code
- ^ Thomson West reports that only 16 states adopted the UPC in its form, while NCCUSL and LII report this number at 18.
- ^ 672 So. 2d 822 (Fla. 2d DCA 1995)
- ^ Id. at 823.
- ^ http://www.uniformlaws.org/Act.aspx?title=Probate%20Code