UNIFORM PROBATE CODE (1969)

1 UNIFORM PROBATE code (1969) (Last Amended or Revised in 2010) Drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS and by it APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL THE STATES WITH COMMENTS COPYRIGHT 2010 By NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS (Last updated: February 11, 2013) UNIFORM Law Commission National Conference of Commissioners on UNIFORM State Laws 111 N. Wabash Ave., Suite 1010 Chicago, IL 60602 (312) 450-6600, Fax (312) 450-6601, i UNIFORM PROBATE code Table of Contents _____ ARTICLE I GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF COURT PART 1. SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS Section 1-101.

2 Short Title. 1-102. Purposes; Rule of Construction. 1-103. Supplementary General Principles of Law Applicable. 1-104. Severability. 1-105. Construction Against Implied Repeal. 1-106. Effect of Fraud and Evasion. 1-107. Evidence of Death or Status. 1-108. Acts by Holder of General Power. 1-109. Cost of Living Adjustment of Certain Dollar Amounts. PART 2. DEFINITIONS Section 1-201. General Definitions. PART 3. SCOPE, JURISDICTION AND COURTS Section 1-301. Territorial Application. 1-302. Subject Matter Jurisdiction. 1-303. Venue; Multiple Proceedings; Transfer.

3 1-304. Practice in Court. 1-305. Records and Certified Copies. 1-306. Jury Trial. 1-307. Registrar; Powers. 1-308. Appeals. 1-309. Qualifications of Judge. 1-310. Oath or Affirmation on Filed Documents. PART 4. NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS Section 1-401. Notice; Method and Time of Giving. 1-402. Notice; Waiver. 1-403. Pleadings; When Parties Bound by Others; Notice. ii ARTICLE II INTESTACY, WILLS, AND DONATIVE TRANSFERS PART 1. INTESTATE SUCCESSION Subpart 1. General Rules Section 2-101.

4 Intestate Estate. 2-102. Share of Spouse. 2-102A. [Share of Spouse.] 2-103. Share of Heirs Other Than Surviving Spouse. 2-104. Requirement of Survival by 120 Hours; Individual in Gestation. 2-105. No Taker. 2-106. Representation. 2-107. Kindred of Half Blood. 2-108. [Reserved.] 2-109. Advancements. 2-110. Debts to Decedent. 2-111. Alienage. 2-112. Dower and Curtesy Abolished. 2-113. Individuals Related to Decedent Through Two Lines. 2-114. Parent Barred from Inheriting in Certain Circumstances. Subpart 2. Parent-Child Relationship 2-115.

5 Definitions. 2-116. Effect of Parent-Child Relationship. 2-117. No Distinction Based on Marital Status. 2-118. Adoptee and Adoptee s Adoptive Parent or Parents. 2-119. Adoptee and Adoptee s Genetic Parents. 2-120. Child Conceived by Assisted Reproduction Other Than Child Born to Gestational Carrier. 2-121. Child Born to Gestational Carrier. 2-122. Equitable Adoption. PART 2. ELECTIVE SHARE OF SURVIVING SPOUSE Section 2-201. Definitions. 2-202. Elective Share. 2-203. Composition of the Augmented Estate; Marital-Property Portion. 2-204. Decedent s Net PROBATE Estate. 2-205. Decedent s Nonprobate Transfers to Others.

6 2-206. Decedent s Nonprobate Transfers to the Surviving Spouse. 2-207. Surviving Spouse s Property and Nonprobate Transfers to Others. 2-208. Exclusions, Valuation, and Overlapping Application. iii 2-209. Sources from Which Elective Share Payable. 2-210. Personal Liability of Recipients. 2-211. Proceeding for Elective Share; Time Limit. 2-212. Right of Election Personal to Surviving Spouse; Incapacitated Surviving Spouse. 2-213. Waiver of Right to Elect and of Other Rights. 2-214. Protection of Payors and Other Third Parties. PART 3. SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS Section 2-301. Entitlement of Spouse; Premarital Will. 2-302. Omitted Children.

7 PART 4. EXEMPT PROPERTY AND ALLOWANCES Section 2-401. Applicable Law. 2-402. Homestead Allowance. 2-402A. [Constitutional Homestead.] 2-403. Exempt Property. 2-404. Family Allowance. 2-405. Source, Determination, and Documentation. PART 5. WILLS, WILL CONTRACTS, AND CUSTODY AND DEPOSIT OF WILLS Section 2-501. Who May Make Will. 2-502. Execution; Witnessed or Notarized Wills; Holographic Wills. 2-503. Harmless Error. 2-504. Self-proved Will. 2-505. Who May Witness.

8 2-506. Choice of Law as to Execution. 2-507. Revocation by Writing or by Act. 2-508. Revocation by Change of Circumstances. 2-509. Revival of Revoked Will. 2-510. Incorporation by Reference. 2-511. UNIFORM Testamentary Additions to Trusts Act (1991). 2-512. Events of Independent Significance. 2-513. Separate Writing Identifying Devise of Certain Types of Tangible Personal Property. 2-514. Contracts Concerning Succession. 2-515. Deposit of Will With Court in Testator s Lifetime. 2-516. Duty of Custodian of Will; Liability. 2-517. Penalty Clause for Contest. PART 6. RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS Section 2-601. Scope. 2-602. Will May Pass All Property and After-Acquired Property.

9 Iv 2-603. Antilapse; Deceased Devisee; Class Gifts. 2-604. Failure of Testamentary Provision. 2-605. Increase in Securities; Accessions. 2-606. Nonademption of Specific Devises; Unpaid Proceeds of Sale, Condemnation, or Insurance; Sale by Conservator or Agent. 2-607. Nonexoneration. 2-608. Exercise of Power of Appointment. 2-609. Ademption by Satisfaction. PART 7. RULES OF CONSTRUCTION APPLICABLE TO WILLS AND OTHER GOVERNING INSTRUMENTS Section 2-701. Scope. 2-702. Requirement of Survival by 120 Hours. 2-703. Choice of Law as to Meaning and Effect of Governing Instrument. 2-704. Power of Appointment; Meaning of Specific Reference Requirement. 2-705. Class Gifts Construed to Accord with Intestate Succession; Exceptions.

10 2-706. Life Insurance; Retirement Plan; Account With POD Designation; Transfer-on-Death Registration; Deceased Beneficiary. 2-707. Survivorship With Respect to Future Interests Under Terms of Trust; Substitute Takers. 2-708. Class Gifts to Descendants, Issue, or Heirs of the Body ; Form of Distribution If None Specified. 2-709. Representation; Per Capita at Each Generation; Per Stirpes. 2-710. Worthier-Title Doctrine Abolished. 2-711. Future Interests in Heirs and Like. PART 8. GENERAL PROVISIONS CONCERNING PROBATE AND NONPROBATE TRANSFERS Section 2-801. [Reserved.] 2-802. Effect of Divorce, Annulment, and Decree of Separation. 2-803.