Uniform Probate Code
The Uniform Probate Code is a proposal for a uniform law of inheritance for the United States that was passed in 1969 by the National Conference of Commissioners on Uniform State Laws and the delegates of the American Bar Association . It has so far been ratified by 16 US states. Other states have partially incorporated the UPC into their legislation.
Inheritance without a will
Section 2 regulates the inheritance if there is no will:
- Compulsory portions for the surviving spouse.
- If there are no offspring, the parents (or their offspring, if they have previously died), or the grandparents' parts (or their offspring, if they have already died) inherit. The UPC has abolished the previous practice of designating great-grandparents or their descendants as heirs.
- In place of a predeceased child whose children occur, namely in equal proportions. Are more or all children predeceased the testator, inherit all the children of all predeceased equal proportions.
- A person unborn at the time of death of the testator is entitled to inheritance like a child if he survives 120 hours after birth. A born child who does not survive the first 120 hours is considered to have died before.
- If a survivor has debts to the testator, this is only offset against his own inheritance claim, but not against the entire inheritance. However, if the debtor dies before the obligee, the debts will not be taken into account if the inheritance claims of the debtor's descendants are concerned.
States with full takeover of UPC
Alaska, Arizona, Colorado, Florida, Hawaii, Idaho, Maine, Michigan, Minnesota, Montana, Nebraska, New Mexico, North Dakota, South Carolina, South Dakota, and Utah.
Web links
- Text of the Uniform Probate Code from 1969, according to the last revision (2010)
Individual evidence
- ^ Uniform Probate Code - Further Readings. Retrieved March 6, 2018 .
