Uniform probate code
The National Conference of Commissioners on Uniform State Laws (NCCUSL) drafts the Uniform probate code. NCCUSL tends to govern inheritance as well as estates of the deceased within the United States. The fundamental motive of this act is to streamline the procedure of probate and standardize and modernize numerous state laws that pay attention to trusts, intestates, and wills.
What is probate?
Probate is a procedure through which confirmation and finalization of the court take place regarding the content within the will. In addition, the probate handles the legal acceptance, the establishment of trust, etc.
What’s the timing of the probate?
The probate procedure starts after the death of the testator. However, some states don’t have any deadline for the probation of the will of the deceased. In some states, the process begins after three years of the person’s death.
What is a will?
Will is a legal transaction. The property owner disposes of his assets through this transaction for his death. The terms will mean the same.
Historical background of the Uniform probate code
The drafting of the uniform probate code started in 1964. In 1969, the court launched the final version of the uniform probate code. Richard V. Wellman was known to be the chief reporter of the project. There are multiple revisions of the uniform probate code to date. The most recent revision was in 2008.
Contents within the Uniform probate code
Overall, there are seven articles within the uniform probate code.
- Under Article I, general jurisdictions, definitions, as well as jurisdictional topics.
- Article II contains information about the will and situations when an individual dies without intestate. We also use the term intestate succession.
- Article III is all about the probate of wills as well as the administration of the estate. Also, it covers supervised as well as unsupervised probate administration.
- Article IV mentions details regarding estates in probate in states outside the decedent’s residence.
- Article V provides information regarding the protection of individuals.
- Article VI consists of non-probate property transfers.
- Article VII briefs about comprehensive provisions for trust administration.
List of the states that have acquired Uniform probate code
The court established the Uniform probate court in 1969 through the national conference of commissioners on uniform state laws. In 1990, we saw the first amendment of the uniform probate code as a model code adopted by the states to standardize probate laws. Overall eighteen states have acquired the whole uniform probate code. However, other states have acquired sections of the uniform probate code. Although, it has not turned into standardized law within all fifty states. Given below is a list of states that have acquired Uniform probate codes:
- Utah
- Alaska
- Michigan
- Arizona
- South Dakota
- Colorado
- New Mexico
- Florida
- Hawaii
- Maine
- Arizona
- Idaho
- Nebraska
- Minnesota
- Massachusetts
- Montana
- New Jersey
Conclusion
The drafting of the uniform probate code started in 1964. In 1969, the final version of the uniform probate code was launched. Overall, there are seven articles within the uniform probate code. The Uniform probate code was established in 1969 by the national conference of commissioners on uniform state laws. In 1990, the uniform probate code was amended as a model code that the states can adopt to standardize probate laws. Overall eighteen states have acquired the whole uniform probate code. However, other states have acquired sections of the uniform probate code.
