What is the code of Probate Attorney?
The code of Probate Attorney is a group of national experts who drafted and reviewed a set of model laws known as the Uniform Probate Code (also known as the UPC). Wills, trusts, and estate-related issues have been specifically covered. To streamline the probate process, the probate administration has designed the UPC to simplify and lower the cost of the estate.
In an effort to standardize estate administration across state lines and make the process as straightforward as possible for those involved, several states have adopted the UPC.
The UPC’s contents
The UPC consists of seven major articles.
- In Article I, the General provisions, definitions, and jurisdictional issues have been covered.
- Article II, on the other hand, is concerned with wills and what transpires when a person passes away intestate or without leaving a will.
- Article III will cover the administration of estates and probate wills. Additionally, it allows for both supervised and unsupervised probate administration. Unsupervised administration has permitted in estates with few assets and no disputes between the beneficiaries. Using an unsupervised administration, the will’s executor—also referred to as a “Personal Representative” within the UPC—manages the probate procedure without the probate court’s direct involvement. By submitting a number of straightforward forms to the probate court, the executor manages the probate procedure. Unsupervised administration streamlines and expedites the procedure, which also lowers the cost. Additionally, probate courts can concentrate their efforts on estates with contentious issues or large assets that require supervised administration.
- Article IV covers the estates in states other than the one where the decedent resided.
- Additionally, Article V expands protections for disabled people and their property.
- Non Probate governs Article VI for property transfer.
- In Article VII, you will find the Comprehensive provisions regarding trust administration.
Why is the UPC important?
Regarding the different types of probate and a surviving spouse’s rights, the UPC provides precise information and instructions. Below are three essential pieces of information provided by the UPC:
The majority of the time, informal probate falls under this first category in states that have ratified the UPC. This kind of probate is particularly prevalent when a decedent leaves a will behind, and all of the heirs are on the same page and get along. No court hearings will involve in this process; it’s all just paperwork.
Although informal probate has some requirements (such as giving written notice of the probate to heirs, beneficiaries, and creditors), it is the simplest and most straightforward type of probate available. If someone wants to challenge the process, they will not use the informal probate.
Formal Probate Without Supervision
Unsupervised In many ways, formal probate in UPC states is similar to probate in other states and is a conventional court procedure. It takes a long time and costs more money than informal probate. This is significant because there is a great chance that family members or creditors will disagree.
The family must choose someone to serve as the estate’s personal representative, just like in probate cases in states that do not recognize the UPC. Additionally, notice must be sent to those who are interested (including beneficiaries under the will and any creditors that may be owed money). Hearings are frequently held to ascertain who is interested. If the distribution is not specified by the will, the estate representative must obtain the court’s approval before selling or distributing the estate’s assets.
Formal Probate Under Supervision
Only in extreme cases when the court deems supervised formal probate to be necessary. This procedure is typically necessary because a beneficiary may not be able to protect their own interests (for example, the beneficiary may be minor or mentally incapacitated).
Similar to unsupervised formal probate, supervised formal probate follows a similar procedure. However, the court may order the estate’s personal representative to take all necessary steps to protect its assets and ensure that they reach the appropriate recipients.
In some circumstances, the court may order a physical examination of the estate’s assets. They also order the representative to submit regular accountings of the assets’ use or distribution. The court has the authority to order the estate’s representative. Moreover, the court obtains authorization before distributing any property, just like with unsupervised formal probate.
Which states had followed the code of Probate Attorney?
Only a few states have fully enacted the UPC. Despite the fact there was intention for adoption in all 50 states. Different parts of the UPC have been incorporated into the laws of other states.
Currently, 18 states have adopted the full version of UPC. Those are Alaska, Arizona, Colorado, Florida, Hawaii, Idaho, Maine, Massachusetts, and Michigan. The other states are Minnesota, Montana, Nebraska, New Jersey, New Mexico, North Dakota, South Carolina, South Dakota, and Utah.
Even if your state has ratified the UPC, you still need to make arrangements for your surviving family members. If you don’t have a will in place, the probate process will decide what happens to your family.