Also known as: probate codes · uniform probate code · UPC
Written by attorneys · grounded in primary & secondary sources — see 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.
Select any source to read its text and confirm it supports the definition.
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.
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.
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.
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.
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.
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.
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.
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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.
…assumption that divorce works a revocation of a designation in favor of an ex-spouse. That assumption is embodied in the Uniform Probate Code; it is consistent with human experience; and those with expertise in the matter have concluded that it “more often” serves the cause of “[j]ustice.” Langbein, The Nonprobate Revolution and…
…and appellant has made no challenge to that section. We further note that on March 12, 1971, the Idaho Legislature adopted the Uniform Probate Code, effective July 1, 1972. On that date, §§ 15-312 and 15-314 of the present
…period, and generally bars untimely claims. Such “nonclaim statutes” are almost universally included in state probate codes
…of action that these plaintiffs had against Pullen before his death survive as liabilities of his estate. Section 573 of the Probate Code
…precisely on point, the court is unpersuaded by MMLLC’s endeavor to reason from attenuated analogies. Nor does § 2-602 of the
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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.
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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.
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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.
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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.