Also known as:probate codes · uniform probate code · UPC
Written by attorneys — see sources below.
A collection of statutes setting forth the substantive and procedural law of decedents' estates and trusts. The code governs transfers of property by will or by operation of law such as intestate succession. It also prescribes the duties of personal representatives including timely notice to heirs and devisees.
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Uniform Acts
Common Law
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Common Examples
6
Intestate Ranch Transfer
Nora died without a will leaving her ranch to her son Leo. The county later completed a tax foreclosure on unpaid assessments. Title to the ranch passed directly to Leo by intestate succession and to the foreclosure purchaser by operation of law without any deed from Nora or her estate.
Notice to Heirs Deadline
After appointment as personal representative of Paula Pierce's estate, Pierce Patterson mailed notice of the appointment to all known heirs and devisees within thirty days. The notice identified the court and explained the recipients' rights to request information about administration and distribution.
Divorce Revocation Dispute
After Philip Powell's divorce from his first wife, the probate court applied the state probate code's automatic revocation rule to beneficiary designations on his retirement accounts. The ex-wife challenged the revocation but the code treated the designations as if she had predeceased him.
Egelhoff v. Egelhoff532 U.S. 141 (2001)
Donna Rae Egelhoff was married to David A. Egelhoff. Mr. Egelhoff was employed by the Boeing Company, which provided him with a life insurance policy and a pension plan. Both plans were governed by ERISA, and Mr. Egelhoff designated his wife as the beneficiary under both.
In April 1994, the Egelhoffs divorced. Just over two months later, Mr. Egelhoff died intestate following an automobile accident. At that time, Mrs. Egelhoff remained the listed beneficiary under both the life insurance policy and the pension plan. The life insurance proceeds, totaling $46,000, were paid to her.
Respondents Samantha and David Egelhoff, Mr. Egelhoff's children by a previous marriage, are his statutory heirs under state law. They sued petitioner in Washington state court to recover the life insurance proceeds. In a separate action, respondents also sued to recover the pension plan benefits.
The trial courts, concluding that both the insurance policy and the pension plan "should be administered in accordance" with ERISA, granted summary judgment to petitioner in both cases. The Washington Court of Appeals consolidated the cases and reversed. Applying the statute, it held that respondents were entitled to the proceeds of both the insurance policy and the pension plan. The Supreme Court of Washington affirmed.
Courts have disagreed about whether statutes like that of Washington are pre-empted by ERISA. The Supreme Court granted certiorari to resolve the conflict.
Following Parker Phillips's death the estate published notice to creditors under the probate code. A hospital that provided care during Phillips's final illness received no actual notice and filed its claim after the deadline. The probate court barred the late claim for lack of due process.
Tulsa Professional Collection Services, Inc. v. Pope485 U.S. 478 (1988)
In November 1978, H. Everett Pope, Jr., was admitted to St. John Medical Center, a hospital in Tulsa, Oklahoma. On April 2, 1979, while still at the hospital, he died testate. His wife, appellee JoAnne Pope, initiated probate proceedings in the District Court of Tulsa County. The court entered an order setting a hearing, admitted the will to probate, and named appellee as executrix, issuing letters testamentary to her.
Following her appointment, the court ordered appellee to immediately give notice to creditors. Appellee published notice in the Tulsa Daily Legal News for two consecutive weeks beginning July 17, 1979. The notice advised creditors that they must file any claim against the estate within two months of the first publication. Appellant Tulsa Professional Collection Services, Inc., a subsidiary of St. John Medical Center and the assignee of a claim for expenses connected with the decedent's hospital stay, did not file a claim with appellee within the two-month period.
In October 1983, appellant filed an Application for Order Compelling Payment of Expenses of Last Illness in the District Court of Tulsa County. The district court denied the application. The Oklahoma Court of Appeals affirmed the district court's judgment. Appellant then sought rehearing, raising a due process challenge to the nonclaim statute's notice provisions for the first time.
The Court of Appeals rejected the due process claim on the merits in a supplemental opinion. Appellant sought review in the Supreme Court of Oklahoma, which granted certiorari and affirmed the Court of Appeals' judgment. The United States Supreme Court noted probable jurisdiction and heard the case.
Administrator Appointment Preference
When Patricia Patel died intestate her brother and sister both sought appointment as administrator. The probate code directed the court to prefer the brother solely because of his gender. The sister challenged the gender preference as unconstitutional.
Reed v. Reed404 U.S. 71 (1971)
Richard Lynn Reed, a minor, died intestate in Ada County, Idaho, on March 29, 1967. His adoptive parents, who had separated sometime prior to his death, are the parties to this appeal. Approximately seven months after Richard's death, his mother, Sally Reed, filed a petition in the Probate Court of Ada County seeking appointment as administratrix of her son's estate. In her petition, Sally Reed alleged that her son's estate, consisting of a few items of personal property and a small savings account, had an aggregate value of less than $1,000.
Prior to the date set for a hearing on the mother's petition, Cecil Reed, the father of the decedent, filed a competing petition seeking to have himself appointed administrator of the son's estate. The probate court held a joint hearing on the two petitions and thereafter ordered that letters of administration be issued to Cecil Reed upon his taking the oath and filing the bond required by law. The court treated §§ 15-312 and 15-314 of the Idaho Code as the controlling statutes and read those sections as compelling a preference for Cecil Reed because he was a male.
Sally Reed appealed from the probate court order, and her appeal was treated by the District Court of the Fourth Judicial District of Idaho as a constitutional attack on § 15-314. The matter was ordered returned to the Probate Court for its determination of which of the two parties was better qualified to administer the estate.
Cecil Reed took a further appeal to the Idaho Supreme Court, which reversed the District Court and reinstated the original order naming the father administrator of the estate. Sally Reed thereupon appealed for review by the Supreme Court of the United States pursuant to 28 U.S.C. § 1257(2), and the Court noted probable jurisdiction.
Posthumous Child Status
After Pablo Perez's death his widow conceived twins through assisted reproduction. The probate code treated the children as Perez's heirs because they were born within the statutory period after his death. The twins therefore shared in the distribution of his estate.
Astrue v. Capato ex rel. B.N.C.132 S. Ct. 2021 (2012)
Karen Capato married Robert Capato in May 1999. Shortly thereafter, Robert was diagnosed with esophageal cancer and was told that the chemotherapy he required might render him sterile. Because the couple wanted children, Robert deposited his semen in a sperm bank before undergoing chemotherapy. Despite Robert's treatment, Karen conceived naturally and gave birth to a son in August 2001.
Robert's health deteriorated in late 2001, and he died in Florida in March 2002. His will, executed in Florida, named as beneficiaries the son born of his marriage to Karen and two children from a previous marriage, but made no provision for children conceived after his death. Shortly after Robert's death, Karen began in vitro fertilization using her husband's frozen sperm. She conceived in January 2003 and gave birth to twins in September 2003, eighteen months after Robert's death.
Karen Capato claimed survivors insurance benefits on behalf of the twins. The Social Security Administration denied her application. The U.S. District Court for the District of New Jersey affirmed the agency's decision. The court determined that the twins would qualify for benefits only if they could inherit from the deceased wage earner under Florida intestacy law.
Under Florida law, a child born posthumously may inherit only if conceived during the decedent's lifetime. The Court of Appeals for the Third Circuit reversed. It concluded that the undisputed biological children of a deceased wage earner and his widow qualify for survivors benefits without regard to state intestacy law. Courts of Appeals had divided on the question, with some circuits reaching conflicting results. The Supreme Court granted certiorari to resolve the conflict.
6 common questions
Students Frequently Ask...
What transfers does a probate code govern?
A probate code governs transfers of property by will or by operation of law including intestate succession. These transfers pass title without a deed from the decedent though a fiduciary may later execute a confirmatory deed.
Supporting sources
What notice must a personal representative give under the Uniform Probate Code?
Within thirty days after appointment the personal representative must inform heirs and devisees of the appointment by ordinary mail. The notice must identify the representative the court and the recipients' rights to information and to petition the court.
Supporting sources
How does a probate code interact with federal preemption in beneficiary designations?
A probate code's automatic revocation of spousal beneficiary designations upon divorce may be preempted by federal statutes such as ERISA. Courts must determine whether the federal law displaces the state probate rule.
Supporting sources
What due process requirements apply to creditor claims in probate?
Probate codes that bar claims after publication notice alone may violate due process when known creditors receive no actual notice. Actual notice is required for creditors whose identities are reasonably ascertainable.
Supporting sources
May a probate code prefer one gender over another for administrator appointments?
A probate code that grants an automatic preference to males over females for appointment as administrator violates the Equal Protection Clause. Gender-neutral criteria must govern the selection.
Supporting sources
How does a probate code determine status of posthumously conceived children?
A probate code may treat children conceived after the decedent's death as heirs if they are born within a statutory window. The code supplies the default rules for inheritance when federal benefits statutes incorporate state law.
will, then, be effectively repealed, and there is in the new legislation no mandatory preference for males…
Uniform Probate Code
§ 3-801, 8 U. L. A. 351 (1983); Falender, Notice to Creditors in Estate Proceedings: What Process is Due?, 63 N. C. L. Rev. 659, 667-668 (1985). Giving creditors a limited time in which to…
Trusts and Estates Decedents EstatesIntestate succession · Share of ancestors and collateralsUBEFoundational