The United States legal system has varying probate laws, causing confusion. The Uniform Probate Code (UPC) was created to streamline the process, covering jurisdiction, wills, estates, trusts, and more. Only 16 states have adopted the UPC in its entirety, while others have adopted parts of it. The UPC was created in 1969 and has been amended several times. Some states are gradually aligning their codes with the UPC, while others have faced opposition from bond companies and lawyers.
Probate laws can vary significantly from state to state and are a source of confusion in the United States legal system because of this. Uniform succession codes have been drafted to address this problem. They are contained in a single statute, consisting of seven articles, and are collectively known as the Uniform Probate Code (UPC). Aiming to streamline the probate process, the seven articles cover issues such as jurisdictional locations between states, as well as wills, estates, trusts, probate court procedures, and death without a will.
Article I of the Uniform Probate Code addresses jurisdictional matters beyond state lines such as seat and interpretation of statutes. The provisions relating to wills and lawful death, ie when a person dies without leaving a will, are dealt with in Article II. Article III concerns the procedural rules for the probate of wills and the administration of the process. The verification of assets by executors of wills residing in States other than that in which the deceased resided is contained in Article IV.
Rules for the prosecution and protection of minors and incapacitated persons are dealt with in Article V. Article VI covers procedures governing the transfer of unauthorized property, such as bank accounts and life insurance policies. Finally, Article VII contains provisions governing the management of trusts and the duties of trustees.
The uniform probate codes were drafted and approved in 1969 by the National Conference of Commissioners on Uniform State Laws in cooperation with the American Bar Association. They represent the effort of these two bodies to bring about the standardization, clarification and modernization of the various state laws relating to inheritance, wills and trusts. Since 1969, the uniform succession codes have been amended several times.
To establish consistency in the practice and administration of probate law in the United States, it was hoped that the Uniform Probate Code would be adopted in all 50 states. This was not the case; as of early 2010, only 16 states had passed the Uniform Probate Code in its entirety. The other 34 states have adopted parts of it. As a result, the UPC has failed to establish uniform probate codes in the United States.
Complex and important legislative packages the size of the uniform code of succession can be difficult to implement. Some states are gradually bringing their state codes into line with the UPC through piecemeal legislation. In other states, both bond companies and lawyers facing loss of business have actively fought the adoption of uniform probate codes.
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