Uniform Probate Code

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 USA. 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 of the Uniform Probate Code

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 2006. [ [http://www.law.upenn.edu/bll/archives/ulc/upc/final2005.htm Uniform Probate Code ] ]

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 [Thomson West reports that only 16 states adopted the UPC in its form, while NCCUSL and LII report this number at 18.] : Alaska, Arizona, Colorado, Florida, Hawaii, Idaho, Maine, Michigan, Minnesota, Montana, Nebraska, New Mexico, North Dakota, South Carolina, South Dakota, and Utah. In any case, even among the adopting jurisdictions, there are variations from state to state, and some of them 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. 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 articles, each covering a different set of rules for this area of the law:

Notes

External links

* [http://www.nccusl.org/Update/uniformact_summaries/uniformacts-s-upcabo.asp Summary of the Uniform Probate Code, from NCCUSL]
* [http://law.jrank.org/pages/10999/Uniform-Probate-Code.html Thomson-West Legal Encyclopedia entry, courtesy of Jrank]
* [http://www.law.cornell.edu/uniform/probate.html Guide to the various versions of the UPC] from Legal Information Institute


Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать реферат

Look at other dictionaries:

  • Uniform Probate Code — A standard comprehensive set of laws, adopted in whole or in part by various states, that regulate the administration of estates, including wills and trusts. Category: Wills, Trusts & Estates Nolo’s Plain English Law Dictionary. Gerald N. Hill,… …   Law dictionary

  • probate — Court procedure by which a will is proved to be valid or invalid; though in current usage this term has been expanded to generally refer to the legal process wherein the estate of a decedent is administered. Generally, the probate process… …   Black's law dictionary

  • Probate — Not to be confused with Probation. Wills, trusts and estat …   Wikipedia

  • Uniform Simultaneous Death Act — The Uniform Simultaneous Death Act is a uniform act enacted in some U.S. states to alleviate the problem of simultaneous death in determining inheritance. The Act specifies that, if two or more people die within 120 hours of one another, each is… …   Wikipedia

  • code — n [Old French, from Medieval Latin codex, from Latin caudex codex tree trunk, set of wood writing tablets, book] 1: a systematic compilation or revision of law or legal principles that is arranged esp. by subject: as a: one that contains the law… …   Law dictionary

  • List of Uniform Acts (United States) — In the United States, a Uniform Act or Uniform Law is a proposed state law drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL). TOC Drafting of uniform acts In the United States, a Uniform Act or Uniform Law is a… …   Wikipedia

  • National Conference of Commissioners on Uniform State Laws — Logo of the Uniform Law Commission, formally known as the National Conference of Commissioners on Uniform State Laws. The National Conference of Commissioners on Uniform State Laws (NCCUSL) is a non profit, unincorporated association commonly… …   Wikipedia

  • law code — Systematic compilation of law or legal principles. The oldest extant fragments of a law code are tablets from the ancient city of Ebla dating to с 2400 BC. The best known ancient code is that of Hammurabi. Roman legal records began in the 5th… …   Universalium

  • Ohio Revised Code — The Ohio Revised Code contains all acts passed by the Ohio General Assembly and signed by the governor. The Ohio Revised Code replaced the Ohio General Code in 1953.[1] However the current organization and form of the Ohio Revised Code Title 29… …   Wikipedia

  • UPC — Uniform Probate Code …   Black's law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”