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, www.uniformlaws.org

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. 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. 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. 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. 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. 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.

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. 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.

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. 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. Effect of Homicide on Intestate Succession, Wills, Trusts, Joint Assets, Life

Insurance, and Beneficiary Designations. 2-804. Revocation of Probate and Nonprobate Transfers by Divorce; No Revocation by

Other Changes of Circumstances. 2-805. Reformation to Correct Mistakes. 2-806. Modification to Achieve Transferor’s Tax Objectives.

PART 9. STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS

Subpart 1. Uniform Statutory Rule Against Perpetuities (1986/1990)

Section 2-901. Statutory Rule Against Perpetuities. 2-902. When Nonvested Property Interest or Power of Appointment Created. 2-903. Reformation.

v

2-904. Exclusions From Statutory Rule Against Perpetuities. 2-905. Prospective Application. 2-906. [Supersession] [Repeal].

Subpart 2. [Honorary Trusts] Section 2-907. [Honorary Trusts; Trusts for Pets.]

PART 10. UNIFORM INTERNATIONAL WILLS ACT (1977) Section 2-1001. Definitions. 2-1002. International Will; Validity. 2-1003. International Will; Requirements. 2-1004. International Will; Other Points of Form. 2-1005. International Will; Certificate. 2-1006. International Will; Effect of Certificate. 2-1007. International Will; Revocation. 2-1008. Source and Construction. 2-1009. Persons Authorized to Act in Relation to International Will; Eligibility;

Recognition by Authorizing Agency. 2-1010. International Will Information Registration.

PART 11. UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT (1999/2006) Section 2-1101. [Reserved.] 2-1102. Definitions. 2-1103. Scope. 2-1104. Part Supplemented By Other Law. 2-1105. Power To Disclaim; General Requirements; When Irrevocable. 2-1106. Disclaimer Of Interest In Property. 2-1107. Disclaimer Of Rights Of Survivorship In Jointly Held Property. 2-1108. Disclaimer Of Interest By Trustee. 2-1109. Disclaimer Of Power Of Appointment Or Other Power Not Held In Fiduciary

Capacity. 2-1110. Disclaimer By Appointee, Object, Or Taker In Default Of Exercise Of Power Of

Appointment. 2-1111. Disclaimer Of Power Held In Fiduciary Capacity. 2-1112. Delivery Or Filing. 2-1113. When Disclaimer Barred Or Limited. 2-1114. Tax Qualified Disclaimer. 2-1115. Recording Of Disclaimer. 2-1116. Application To Existing Relationships. 2-1117. Relation To Electronic Signatures in Global and National Commerce Act.

vi

ARTICLE III

PROBATE OF WILLS AND ADMINISTRATION

PART 1. GENERAL PROVISIONS Section 3-101. Devolution of Estate at Death; Restrictions. 3-101A. [Devolution of Estate at Death; Restrictions.] 3-102. Necessity of Order of Probate For Will. 3-103. Necessity of Appointment For Administration. 3-104. Claims Against Decedent; Necessity of Administration. 3-105. Proceedings Affecting Devolution and Administration; Jurisdiction of Subject

Matter. 3-106. Proceedings Within the Exclusive Jurisdiction of Court; Service; Jurisdiction

Over Persons. 3-107. Scope of Proceedings; Proceedings Independent; Exception. 3-108. Probate, Testacy and Appointment Proceedings; Ultimate Time Limit. 3-109. Statutes of Limitation on Decedent’s Cause of Action.

PART 2. VENUE FOR PROBATE AND ADMINISTRATION; PRIORITY TO ADMINISTER; DEMAND FOR NOTICE

Section 3-201. Venue for First and Subsequent Estate Proceedings; Location of Property. 3-202. Appointment or Testacy Proceedings; Conflicting Claim of Domicile in Another

State. 3-203. Priority Among Persons Seeking Appointment as Personal Representative. 3-204. Demand for Notice of Order or Filing Concerning Decedent’s Estate.

PART 3. INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS; SUCCESSION WITHOUT ADMINISTRATION

Subpart 1. Informal Probate and Appointment Proceedings

Section 3-301. Informal Probate or Appointment Proceedings; Application; Contents. 3-302. Informal Probate; Duty of Registrar; Effect of Informal Probate. 3-303. Informal Probate; Proof and Findings Required. 3-304. Informal Probate; Unavailable in Certain Cases. 3-305. Informal Probate; Registrar Not Satisfied. 3-306. Informal Probate; Notice Requirements. 3-307. Informal Appointment Proceedings; Delay in Order; Duty of Registrar; Effect of

Appointment. 3-308. Informal Appointment Proceedings; Proof and Findings Required. 3-309. Informal Appointment Proceedings; Registrar Not Satisfied. 3-310. Informal Appointment Proceedings; Notice Requirements. 3-311. Informal Appointment Unavailable in Certain Cases.

vii

Subpart 2. Succession Without Administration 3-312. Universal Succession; In General. 3-313. Universal Succession; Application; Contents. 3-314. Universal Succession; Proof and Findings Required. 3-315. Universal Succession; Duty of Registrar; Effect of Statement of Universal

Succession. 3-316. Universal Succession; Universal Successors’ Powers. 3-317. Universal Succession; Universal Successors’ Liability to Creditors, Other Heirs,

Devisees and Persons Entitled to Decedent’s Property; Liability of Other Persons Entitled to Property.

3-318. Universal Succession; Universal Successors’ Submission to Jurisdiction; When Heirs or Devisees May Not Seek Administration.

3-319. Universal Succession; Duty of Universal Successors; Information to Heirs and Devisees.

3-320. Universal Succession; Universal Successors’ Liability For Restitution to Estate. 3-321. Universal Succession; Liability of Universal Successors for Claims, Expenses,

Intestate Shares and Devises. 3-322. Universal Succession; Remedies of Creditors, Other Heirs, Devisees or Persons

Entitled to Decedent’s Property.

PART 4. FORMAL TESTACY AND APPOINTMENT PROCEEDINGS Section 3-401. Formal Testacy Proceedings; Nature; When Commenced. 3-402. Formal Testacy or Appointment Proceedings; Petition; Contents. 3-403. Formal Testacy Proceedings; Notice of Hearing on Petition. 3-404. Formal Testacy Proceedings; Written Objections to Probate. 3-405. Formal Testacy Proceedings; Uncontested Cases; Hearings and Proof. 3-406. Formal Testacy Proceedings; Contested Cases. 3-407. Formal Testacy Proceedings; Burdens in Contested Cases. 3-408. Formal Testacy Proceedings; Will Construction; Effect of Final Order in Another

Jurisdiction. 3-409. Formal Testacy Proceedings; Order; Foreign Will. 3-410. Formal Testacy Proceedings; Probate of More Than One Instrument. 3-411. Formal Testacy Proceedings; Partial Intestacy. 3-412. Formal Testacy Proceedings; Effect of Order; Vacation. 3-413. Formal Testacy Proceedings; Vacation of Order For Other Cause. 3-414. Formal Proceedings Concerning Appointment of Personal Representative.

PART 5. SUPERVISED ADMINISTRATION Section 3-501. Supervised Administration; Nature of Proceeding. 3-502. Supervised Administration; Petition; Order. 3-503. Supervised Administration; Effect on Other Proceedings. 3-504. Supervised Administration; Powers of Personal Representative. 3-505. Supervised Administration; Interim Orders; Distribution and Closing Orders.

viii

PART 6. PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL AND

TERMINATION OF AUTHORITY Section 3-601. Qualification. 3-602. Acceptance of Appointment; Consent to Jurisdiction. 3-603. Bond Not Required Without Court Order, Exceptions. 3-604. Bond Amount; Security; Procedure; Reduction. 3-605. Demand For Bond by Interested Person. 3-606. Terms and Conditions of Bonds. 3-607. Order Restraining Personal Representative. 3-608. Termination of Appointment; General. 3-609. Termination of Appointment; Death or Disability. 3-610. Termination of Appointment; Voluntary. 3-611. Termination of Appointment by Removal; Cause; Procedure. 3-612. Termination of Appointment; Change of Testacy Status. 3-613. Successor Personal Representative. 3-614. Special Administrator; Appointment. 3-615. Special Administrator; Who May Be Appointed. 3-616. Special Administrator; Appointed Informally; Powers and Duties. 3-617. Special Administrator; Formal Proceedings; Power and Duties. 3-618. Termination of Appointment; Special Administrator.

PART 7. DUTIES AND POWERS OF PERSONAL REPRESENTATIVES Section 3-701. Time of Accrual of Duties and Powers. 3-702. Priority Among Different Letters. 3-703. General Duties; Relation and Liability to Persons Interested in Estate; Standing to

Sue. 3-704. Personal Representative to Proceed Without Court Order; Exception. 3-705. Duty of Personal Representative; Information to Heirs and Devisees. 3-706. Duty of Personal Representative; Inventory and Appraisement. 3-707. Employment of Appraisers. 3-708. Duty of Personal Representative; Supplementary Inventory. 3-709. Duty of Personal Representative; Possession of Estate. 3-710. Power to Avoid Transfers. 3-711. Powers of Personal Representatives; In General. 3-712. Improper Exercise of Power; Breach of Fiduciary Duty. 3-713. Sale, Encumbrance or Transaction Involving Conflict of Interest; Voidable;

Exceptions. 3-714. Persons Dealing with Personal Representative; Protection. 3-715. Transactions Authorized for Personal Representatives; Exceptions. 3-716. Powers and Duties of Successor Personal Representative. 3-717. Co-representatives; When Joint Action Required. 3-718. Powers of Surviving Personal Representative. 3-719. Compensation of Personal Representative.

ix

3-720. Expenses in Estate Litigation. 3-721. Proceedings for Review of Employment of Agents and Compensation of Personal

Representatives and Employees of Estate.

PART 8. CREDITORS’ CLAIMS Section 3-801. Notice to Creditors. 3-802. Statutes of Limitations. 3-803. Limitations on Presentation of Claims. 3-804. Manner of Presentation of Claims. 3-805. Classification of Claims. 3-806. Allowance of Claims. 3-807. Payment of Claims. 3-808. Individual Liability of Personal Representative. 3-809. Secured Claims. 3-810. Claims Not Due and Contingent or Unliquidated Claims. 3-811. Counterclaims. 3-812. Execution and Levies Prohibited. 3-813. Compromise of Claims. 3-814. Encumbered Assets. 3-815. Administration in More Than One State; Duty of Personal Representative. 3-816. Final Distribution to Domiciliary Representative.

PART 9. SPECIAL PROVISIONS RELATING TO DISTRIBUTION Section 3-901. Successors’ Rights if No Administration. 3-902. Distribution; Order in Which Assets Appropriated; Abatement. 3-903. Right of Retainer. 3-904. Interest on General Pecuniary Devise. 3-905. Penalty Clause for Contest. 3-906. Distribution in Kind; Valuation; Method. 3-907. Distribution in Kind; Evidence. 3-908. Distribution; Right or Title of Distributee. 3-909. Improper Distribution; Liability of Distributee. 3-910. Purchasers from Distributees Protected. 3-911. Partition for Purpose of Distribution. 3-912. Private Agreements Among Successors to Decedent Binding on Personal

Representative. 3-913. Distributions to Trustee. 3-914. Disposition of Unclaimed Assets. 3-915. Distribution to Person Under Disability. 3-916. [Reserved.]

PART 9A. UNIFORM ESTATE TAX APPORTIONMENT ACT (2003) Section 3-9A-101. Short Title.

x

3-9A-102. Definitions. 3-9A-103. Apportionment By Will Or Other Dispositive Instrument. 3-9A-104. Statutory Apportionment Of Estate Taxes. 3-9A-105. Credits And Deferrals. 3-9A-106. Insulated Property: Advancement Of Tax. 3-9A-107. Apportionment And Recapture Of Special Elective Benefits. 3-9A-108. Securing Payment Of Estate Tax From Property In Possession Of Fiduciary. 3-9A-109. Collection Of Estate Tax By Fiduciary. 3-9A-110. Right Of Reimbursement. 3-9A-111. Action To Determine Or Enforce Part. 3-9A-112. [Reserved.] 3-9A-113. [Reserved.] 3-9A-114. Delayed Application. 3-9A-115. Effective Date.

PART 10. CLOSING ESTATES Section 3-1001. Formal Proceedings Terminating Administration; Testate or Intestate; Order of

General Protection. 3-1002. Formal Proceedings Terminating Testate Administration; Order Construing Will

Without Adjudicating Testacy. 3-1003. Closing Estates; By Sworn Statement of Personal Representative. 3-1004. Liability of Distributees to Claimants. 3-1005. Limitations on Proceedings Against Personal Representative. 3-1006. Limitations on Actions and Proceedings Against Distributees. 3-1007. Certificate Discharging Liens Securing Fiduciary Performance. 3-1008. Subsequent Administration.

PART 11. COMPROMISE OF CONTROVERSIES Section 3-1101. Effect of Approval of Agreements Involving Trusts, Inalienable Interests, or

Interests of Third Persons. 3-1102. Procedure for Securing Court Approval of Compromise.

PART 12. COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND SUMMARY ADMINISTRATION PROCEDURE FOR SMALL ESTATES

Section 3-1201. Collection of Personal Property by Affidavit. 3-1202. Effect of Affidavit. 3-1203. Small Estates; Summary Administration Procedure. 3-1204. Small Estates; Closing by Sworn Statement of Personal Representative.

xi

ARTICLE IV

FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION

PART 1. DEFINITIONS Section 4-101. Definitions.

PART 2. POWERS OF FOREIGN PERSONAL REPRESENTATIVES Section 4-201. Payment of Debt and Delivery of Property to Domiciliary Foreign Personal

Representative Without Local Administration. 4-202. Payment or Delivery Discharges. 4-203. Resident Creditor Notice. 4-204. Proof of Authority-Bond. 4-205. Powers. 4-206. Power of Representatives in Transition. 4-207. Ancillary and Other Local Administrations; Provisions Governing.

PART 3. JURISDICTION OVER FOREIGN REPRESENTATIVES Section 4-301. Jurisdiction by Act of Foreign Personal Representative. 4-302. Jurisdiction by Act of Decedent. 4-303. Service on Foreign Personal Representative.

PART 4. JUDGMENTS AND PERSONAL REPRESENTATIVES Section 4-401. Effect of Adjudication For or Against Personal Representative.

ARTICLE V

UNIFORM GUARDIANSHIP AND PROTECTIVE PROCEEDINGS ACT (1997/1998)

PART 1. GENERAL PROVISIONS Section 5-101. Short Title. 5-102. Definitions. 5-103. [Reserved.] 5-104. Facility of Transfer. 5-105. Delegation of Power by Parent or Guardian. 5-106. Subject-Matter Jurisdiction. 5-107. Transfer of Jurisdiction. 5-108. Venue. 5-109. [Reserved.] 5-110. Letters of Office. 5-111. Effect of Acceptance of Appointment.

xii

5-112. Termination of or Change in Guardian’s or Conservator’s Appointment. 5-113. Notice. 5-114. Waiver of Notice. 5-115. Guardian Ad Litem. 5-116. Request For Notice; Interested Persons. 5-117. Multiple Appointments or Nominations.

PART 2. GUARDIANSHIP OF MINOR Section 5-201. Appointment and Status of Guardian. 5-202. Parental Appointment of Guardian. 5-203. Objection by Minor or Others to Parental Appointment. 5-204. Judicial Appointment of Guardian: Conditions for Appointment. 5-205. Judicial Appointment of Guardian: Procedure. 5-206. Judicial Appointment of Guardian: Priority of Minor’s Nominee; Limited

Guardianship. 5-207. Duties of Guardian. 5-208. Powers of Guardian. 5-209. Rights and Immunities of Guardian. 5-210. Termination of Guardianship; Other Proceedings After Appointment.

PART 3. GUARDIANSHIP OF INCAPACITATED PERSON Section 5-301. Appointment and Status of Guardian. 5-302. Appointment of Guardian By Will or Other Writing. 5-303. Appointment of Guardian By Will or Other Writing: Effectiveness; Acceptance;

Confirmation. 5-304. Judicial Appointment of Guardian: Petition. 5-305. Judicial Appointment of Guardian: Preliminaries to Hearing. 5-306. Judicial Appointment of Guardian: Professional Evaluation. 5-307. Confidentiality of Records. 5-308. Judicial Appointment of Guardian: Presence and Rights at Hearing. 5-309. Notice. 5-310. Who May Be Guardian: Priorities. 5-311. Findings; Order of Appointment. 5-312. Emergency Guardian. 5-313. Temporary Substitute Guardian. 5-314. Duties of Guardian. 5-315. Powers of Guardian. 5-316. Rights and Immunities of Guardian; Limitations. 5-317. Reports; Monitoring of Guardianship. 5-318. Termination or Modification of Guardianship.

PART 4. PROTECTION OF PROPERTY OF PROTECTED PERSON Section 5-401. Protective Proceeding.

xiii

5-402. Jurisdiction Over Business Affairs of Protected Person. 5-403. Original Petition for Appointment or Protective Order. 5-404. Notice. 5-405. Original Petition: Minors; Preliminaries to Hearing. 5-406. Original Petition: Preliminaries to Hearing. 5-407. Confidentiality of Records. 5-408. Original Petition: Procedure at Hearing. 5-409. Original Petition: Orders. 5-410. Powers of Court. 5-411. Required Court Approval. 5-412. Protective Arrangements and Single Transactions. 5-413. Who May be Conservator: Priorities. 5-414. Petition for Order Subsequent to Appointment. 5-415. Bond. 5-416. Terms and Requirements of Bond. 5-417. Compensation and Expenses. 5-418. General Duties of Conservator; Plan. 5-419. Inventory; Records. 5-420. Reports; Appointment of [Visitor]; Monitoring. 5-421. Title by Appointment. 5-422. Protected Person’s Interest Inalienable. 5-423. Sale, Encumbrance, or Other Transaction Involving Conflict of Interest. 5-424. Protection of Person Dealing With Conservator. 5-425. Powers of Conservator In Administration. 5-426. Delegation. 5-427. Principles of Distribution by Conservator. 5-428. Death of Protected Person. 5-429. Presentation and Allowance of Claims. 5-430. Personal Liability of Conservator. 5-431. Termination of Proceedings. 5-432. Registration of Guardianship Orders. 5-433. Registration of Protective Orders. 5-434. Effect of Registration.

ARTICLE 5A

UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT (2007)

PART 1. GENERAL PROVISIONS

Section 5A-101. Short Title. 5A-102. Definitions. 5A-103. International Application of [Article]. 5A-104. Communication Between Courts. 5A-105. Cooperation Between Courts.

xiv

5A-106. Taking Testimony in Another State.

PART 2. JURISDICTION Section 5A-201. Definitions; Significant Connection Factors. 5A-202. Exclusive Basis. 5A-203. Jurisdiction. 5A-204. Special Jurisdiction. 5A-205. Exclusive and Continuing Jurisdiction. 5A-206. Appropriate Forum. 5A-207. Jurisdiction Declined by Reason of Conduct. 5A-208. Notice of Proceeding. 5A-209. Proceedings in More Than One State.

PART 3. TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP Section 5A-301. Transfer of Guardianship or Conservatorship to Another State. 5A-302. Accepting Guardianship or Conservatorship Transferred From Another State.

PART 4. REGISTRATION AND RECOGNITION OF ORDERS FROM OTHER STATES

Section 5A-401. Registration of Guardianship Orders. 5A-402. Registration of Protective Orders. 5A-403. Effect of Registration.

ARTICLE 5B

UNIFORM POWER OF ATTORNEY ACT (2006)

PART 1. GENERAL PROVISIONS Section 5B-101. Short Title. 5B-102. Definitions. 5B-103. Applicability. 5B-104. Power of Attorney is Durable. 5B-105. Execution of Power of Attorney. 5B-106. Validity of Power of Attorney. 5B-107. Meaning and Effect of Power of Attorney. 5B-108. Nomination of [Conservator of Guardian]; Relation of Agent to Court-Appointed

Fiduciary. 5B-109. When Power of Attorney Effective. 5B-110. Termination of Power of Attorney or Agent’s Authority. 5B-111. Coagents and Successor Agents. 5B-112. Reimbursement and Compensation of Agent. 5B-113. Agent’s Acceptance.

xv

5B-114. Agent’s Duties. 5B-115. Exoneration of Agent. 5B-116. Judicial Relief. 5B-117. Agent’s Liability. 5B-118. Agent’s Resignation; Notice. 5B-119. Acceptance of and Reliance Upon Acknowledged Power of Attorney . 5B-120. Liability for Refusal to Accept Acknowledged Power of Attorney [Alternative A]. 5B-120. Liability for Refusal to Accept Acknowledged Statutory Form Power of Attorney

[Alternative B]. 5B-121. Principles of Law and Equity. 5B-122. Laws Applicable to Financial Institutions and Entities. 5B-123. Remedies Under Other Law.

PART 2. AUTHORITY Section 5B-201. Authority That Requires Specific Grant; Grant of General Authority. 5B-202. Incorporation of Authority. 5B-203. Construction of Authority Generally. 5B-204. Real Property. 5B-205. Tangible Personal Property. 5B-206. Stocks and Bonds. 5B-207. Commodities and Options. 5B-208. Banks and Other Financial Institutions. 5B-209. Operation of Entity or Business. 5B-210. Insurance and Annuities. 5B-211. Estates, Trusts, and Other Beneficial Interests. 5B-212. Claims and Litigation. 5B-213. Personal and Family Maintenance. 5B-214. Benefits From Governmental Programs or Civil or Military Service. 5B-215. Retirement Plans. 5B-216. Taxes. 5B-217. Gifts.

PART 3. STATUTORY FORMS Section 5B-301. Statutory Form Power of Attorney. 5B-302. Agent’s Certification.

ARTICLE VI

NONPROBATE TRANSFERS ON DEATH

PART 1. PROVISIONS RELATING TO EFFECT OF DEATH Section 6-101. Nonprobate Transfers on Death. 6-102. Liability of Nonprobate Transferees For Creditor Claims and Statutory

xvi

Allowances.

PART 2. UNIFORM MULTIPLE-PERSON ACCOUNTS ACT (1989/1998)

Subpart 1. Definitions And General Provisions Section 6-201. Definitions. 6-202. Limitation on Scope of Part. 6-203. Types of Account; Existing Accounts. 6-204. Forms. 6-205. Designation of Agent. 6-206. Applicability of Part.

Subpart 2. Ownership As Between Parties And Others Section 6-211. Ownership During Lifetime. 6-212. Rights at Death. 6-213. Alteration of Rights. 6-214. Accounts and Transfers Nontestamentary. 6-215. [Reserved.] 6-216. Community Property and Tenancy by the Entireties.

Subpart 3. Protection Of Financial Institutions Section 6-221. Authority of Financial Institution. 6-222. Payment on Multiple-Party Account. 6-223. Payment on POD Designation. 6-224. Payment to Designated Agent. 6-225. Payment to Minor. 6-226. Discharge. 6-227. Set-off.

PART 3. UNIFORM TOD SECURITY REGISTRATION ACT (1989/1998) Section 6-301. Definitions. 6-302. Registration in Beneficiary Form; Sole or Joint Tenancy Ownership. 6-303. Registration in Beneficiary Form; Applicable Law. 6-304. Origination of Registration in Beneficiary Form. 6-305. Form of Registration in Beneficiary Form. 6-306. Effect of Registration in Beneficiary Form. 6-307. Ownership on Death of Owner. 6-308. Protection of Registering Entity. 6-309. Nontestamentary Transfer on Death. 6-310. Terms, Conditions, and Forms for Registration. 6-311. Application of Part.

xvii

PART 4. UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT (2009) Section 6-401. Short Title. 6-402. Definitions. 6-403. Applicability. 6-404. Nonexclusivity. 6-405. Transfer on Death Deed Authorized. 6-406. Transfer on Death Deed Revocable. 6-407. Transfer on Death Deed Nontestamentary. 6-408. Capacity of Transferor. 6-409. Requirements. 6-410. Notice, Delivery. Acceptance, Consideration Not Required. 6-411. Revocation by Instrument Authorized; Revocation by Act Not Permitted. 6-412. Effect of Transfer on Death Deed During Transferor’s Life. 6-413. Effect of Transfer on Death Deed at Transferor’s Death. 6-414. Disclaimer. 6-415. Liability for Creditor Claims and Statutory Allowances. [6-416. Optional Form of Transfer on Death Deed]. [6-417. Optional Form of Revocation].

ARTICLE VII

ARTICLE VIII

EFFECTIVE DATE AND REPEALER Section 8-101. Time of Taking Effect; Provisions for Transition. 8-102. Specific Repealer and Amendments.

____________________

1

UNIFORM PROBATE CODE

__________

Official Text and Comments Approved by the National Conference of Commissioners on Uniform State Laws.

AN ACT Relating to affairs of decedents, missing persons, protected persons, minors,

incapacitated persons and certain others and constituting the Uniform Probate Code;

consolidating and revising aspects of the law relating to wills and intestacy and the

administration and distribution of estates of decedents, missing persons, protected persons,

minors, incapacitated persons and certain others; ordering the powers and procedures of the court

concerned with the affairs of decedents and certain others; providing for the validity and effect of

certain non-testamentary transfers, contracts and deposits which relate to death and appear to

have testamentary effect; providing certain procedures to facilitate enforcement of testamentary

and other trusts; making uniform the law with respect to decedents and certain others; and

repealing inconsistent legislation.

Comment

The long title of the Code should be adapted to the constitutional, statutory requirements and practices of the enacting jurisdiction. The concept of the Code is that the “affairs of decedents, missing persons, disabled persons, minors, and certain others” is a single subject of the law notwithstanding its many facets.

ARTICLE I

GENERAL PROVISIONS, DEFINITIONS AND PROBATE JURISDICTION OF

COURT

PART 1. SHORT TITLE, CONSTRUCTION, GENERAL PROVISIONS

SECTION 1-101. SHORT TITLE. This [act] shall be known and may be cited as the

Uniform Probate Code.

2

SECTION 1-102. PURPOSES; RULE OF CONSTRUCTION.

(a) This [code] shall be liberally construed and applied to promote its underlying

purposes and policies.

(b) The underlying purposes and policies of this [code] are:

(1) to simplify and clarify the law concerning the affairs of decedents, missing

persons, protected persons, minors and incapacitated persons;

(2) to discover and make effective the intent of a decedent in distribution of his

property;

(3) to promote a speedy and efficient system for liquidating the estate of the

decedent and making distribution to his successors;

(4) to facilitate use and enforcement of certain trusts;

(5) to make uniform the law among the various jurisdictions.

SECTION 1-103. SUPPLEMENTARY GENERAL PRINCIPLES OF LAW

APPLICABLE. Unless displaced by the particular provisions of this [code], the principles of

law and equity supplement its provisions.

SECTION 1-104. SEVERABILITY. If any provision of this [code] or the application

thereof to any person or circumstances is held invalid, the invalidity shall not affect other

provisions or applications of the [code] which can be given effect without the invalid provision

or application, and to this end the provisions of this [code] are declared to be severable.

SECTION 1-105. CONSTRUCTION AGAINST IMPLIED REPEAL. This [code]

is a general act intended as a unified coverage of its subject matter and no part of it shall be

deemed impliedly repealed by subsequent legislation if it can reasonably be avoided.

SECTION 1-106. EFFECT OF FRAUD AND EVASION. Whenever fraud has been

3

perpetrated in connection with any proceeding or in any statement filed under this [code] or if

fraud is used to avoid or circumvent the provisions or purposes of this [code], any person injured

thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any

person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not.

Any proceeding must be commenced within two years after the discovery of the fraud, but no

proceeding may be brought against one not a perpetrator of the fraud later than five years after

the time of commission of the fraud. This section has no bearing on remedies relating to fraud

practiced on a decedent during his lifetime which affects the succession of his estate.

Comment

This is an overriding provision that provides an exception to the procedures and limitations provided in the Code. The remedy of a party wronged by fraud is intended to be supplementary to other protections provided in the Code and can be maintained outside the process of settlement of the estate. Thus, if a will which is known to be a forgery is probated informally, and the forgery is not discovered until after the period for contest has run, the defrauded heirs still could bring a fraud action under this section. Or if a will is fraudulently concealed after the testator’s death and its existence not discovered until after the basic three year period (Section 3-108) has elapsed, there still may be an action under this section. Similarly, a closing statement normally provides binding protection for the personal representative after six months from filing (Section 3-1005). However, if there is fraudulent misrepresentation or concealment in the preparation of the claim, a later suit may be brought under this section against the personal representative for damages; or restitution may be obtained from those distributees who benefit by the fraud. In any case innocent purchasers for value are protected.

Any action under this section is subject to usual rules of res judicata; thus, if a forged will

has been informally probated, an heir discovers the forgery, and then there is a formal proceeding under Section 3-1001 of which the heir is given notice, followed by an order of complete settlement of the estate, the heir could not bring a subsequent action under Section 1-106 but would be bound by the litigation in which the issue could have been raised. The usual rules for securing relief for fraud on a court would govern, however.

The final limitation in this section is designed to protect innocent distributees after a

reasonable period of time. There is no limit (other than the two years from discovery of the fraud) against the wrongdoer. But there ought to be some limit after which innocent persons who have built up expectations in good faith cannot be deprived of the property by a restitution action.

4

The time of “discovery” of a fraud is a fact question to be determined in the individual case. In some situations persons may not actually know that a fraud has been perpetrated but have such strong suspicion and evidence that a court may conclude there has been a discovery of the fraud at that stage. On the other hand there is no duty to exercise reasonable care to discover fraud; the burden should not be on the heirs and devisees to check on the honesty of the other interested persons or the fiduciary.

SECTION 1-107. EVIDENCE OF DEATH OR STATUS. In addition to the rules of

evidence in courts of general jurisdiction, the following rules relating to a determination of death

and status apply:

(1) Death occurs when an individual [is determined to be dead under the Uniform

Determination of Death Act (1978/1980)] [has sustained either (i) irreversible cessation of

circulatory and respiratory functions or (ii) irreversible cessation of all functions of the entire

brain, including the brain stem. A determination of death must be made in accordance with

accepted medical standards].

(2) A certified or authenticated copy of a death certificate purporting to be issued by an

official or agency of the place where the death purportedly occurred is prima facie evidence of

the fact, place, date, and time of death and the identity of the decedent.

(3) A certified or authenticated copy of any record or report of a governmental agency,

domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence

of the status and of the dates, circumstances, and places disclosed by the record or report.

(4) In the absence of prima facie evidence of death under paragraph (2) or (3), the fact of

death may be established by clear and convincing evidence, including circumstantial evidence.

(5) An individual whose death is not established under the preceding paragraphs who is

absent for a continuous period of five years, during which he [or she] has not been heard from,

and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to

be dead. His [or her] death is presumed to have occurred at the end of the period unless there is

5

sufficient evidence for determining that death occurred earlier.

(6) In the absence of evidence disputing the time of death stated on a document described

in paragraph (2) or (3), a document described in paragraph (2) or (3) that states a time of death

120 hours or more after the time of death of another individual, however the time of death of the

other individual is determined, establishes by clear and convincing evidence that the individual

survived the other individual by 120 hours.

Comment

Paragraph (1) defines death by reference to the Uniform Determination of Death Act (UDDA). States that have adopted the UDDA should use the first set of bracketed language. States that have not adopted the UDDA should use the second set of bracketed language.

Note that paragraph (6) is made desirable by the fact that Sections 2-104 and 2-702

require that survival by 120 hours must be established by clear and convincing evidence. Paragraph (4) is inconsistent with Section 1 of Uniform Absence as Evidence of Death

and Absentees’ Property Act (1938). Proceedings to secure protection of property interests of an absent person may be

commenced as provided in Section 5-401. SECTION 1-108. ACTS BY HOLDER OF GENERAL POWER. For the purpose of

granting consent or approval with regard to the acts or accounts of a personal representative or

trustee, including relief from liability or penalty for failure to post bond, to register a trust, or to

perform other duties, and for purposes of consenting to modification or termination of a trust or

to deviation from its terms, the sole holder or all co-holders of a presently exercisable general

power of appointment, including one in the form of a power of amendment or revocation, are

deemed to act for beneficiaries to the extent their interests (as objects, takers in default, or

otherwise) are subject to the power.

Comment

The status of a holder of a general power in estate litigation is dealt with by Section 1-

6

403. This section permits the settlor of a revocable trust to excuse the trustee from registering

the trust so long as the power of revocation continues. “General power,” as used in this section, is intended to refer to the common law concept,

rather than to tax or other statutory meanings. A general power, as used herein, is one which enables the power holder to draw absolute ownership to himself.

SECTION 1-109. COST OF LIVING ADJUSTMENT OF CERTAIN DOLLAR

AMOUNTS.

(a) In this section:

(1) “CPI” means the Consumer Price Index (Annual Average) for All Urban

Consumers (CPI-U): U.S. City Average — All items, reported by the Bureau of Labor

Statistics, United States Department of Labor or its successor or, if the index is discontinued, an

equivalent index reported by a federal authority. If no such index is reported, the term means the

substitute index chosen by [insert appropriate state agency]; and

(2) “Reference base index” means the CPI for calendar year [insert year

immediately preceding the year in which this section takes effect].

(b) The dollar amounts stated in Sections 2-102, [2-102A,] 2-202(b), 2-402, 2-403, 2-405,

and 3-1201 apply to the estate of a decedent who died in or after [insert year in which this

section takes effect], but for the estate of a decedent who died after [insert year after the year in

which this section takes effect], these dollar amounts must be increased or decreased if the CPI

for the calendar year immediately preceding the year of death exceeds or is less than the

reference base index. The amount of any increase or decrease is computed by multiplying each

dollar amount by the percentage by which the CPI for the calendar year immediately preceding

the year of death exceeds or is less than the reference base index. If any increase or decrease

produced by the computation is not a multiple of $100, the increase or decrease is rounded down,

7

if an increase, or up, if a decrease, to the next multiple of $100, but for the purpose of Section 2-

405, the periodic installment amount is the lump-sum amount divided by 12. If the CPI for

[insert year immediately before the effective date of this section] is changed by the Bureau of

Labor Statistics, the reference base index must be revised using the rebasing factor reported by

the Bureau of Labor Statistics, or other comparable data if a rebasing factor is not reported.

[(c) Before February 1, [insert year after the year in which this section takes effect], and

before February 1 of each succeeding year, the [insert appropriate state agency] shall publish a

cumulative list, beginning with the dollar amounts effective for the estate of a decedent who died

in [insert year after the year in which this section takes effect], of each dollar amount as

increased or decreased under this section.]

Legislative Note: To establish and maintain uniformity among the states, an enacting state that enacted the sections listed in subsection (b) before 2008 should bring those dollar amounts up to date. To adjust for inflation, these amounts were revised in 2008. Between 1990 (when these amounts were previously adjusted for inflation) and 2008, the consumer price index (CPI) increased about 50 percent. As a result, the following increases in the UPC’s specific dollar amounts were adopted in 2008 and should be adopted by a state that enacted these sections before 2008:

Section 2-102(2) should be amended to change $200,000 to $300,000; Section 2-102(3) should be amended to change $150,000 to $225,000; and Section 2-102(4) should be amended to change $100,000 to $150,000. Section 2-102A, if enacted instead of Section 2-102, should be amended accordingly.

Section 2-201(b) should be amended to change $50,000 to $75,000. Section 2-402 should be amended to change $15,000 to $22,500; Section 2-403 should be

amended to change $10,000 to $15,000; and Section 2-405 should be amended to change $18,000 to $27,000 and to change $1,500 to $2,250.

A state enacting these sections after 2008 should adjust the dollar figures for changes in

the cost of living that have occurred between 2008 and the effective date of the new enactment.

Comment

Automatic Adjustments for Inflation. Added in 2008, Section 1-109 operates in conjunction with the inflation adjustments of the dollar amounts listed in subsection (b) also

8

adopted in 2008. Section 1-109 was added to make it unnecessary in the future for the ULC or individual enacting states to continue to amend the UPC periodically to adjust the dollar amounts for inflation. This section provides for an automatic adjustment of each of the above dollar amounts annually.

In each January, the Bureau of Labor Statistics of the U.S. Department of Labor reports

the CPI (annual average) for the preceding calendar year. The information can be obtained by telephone (202/691-5200) or on the Bureau’s website .

Subsection (c) tasks an appropriate state agency, such as the Department of Revenue, to

issue an official cumulative list of the adjusted amounts beginning in January of the year after the effective date of the act. This subsection is bracketed because some enacting states might not have a state agency that could appropriately be assigned the task of issuing updated amounts. Such an enacting state might consider tasking the state supreme court to issue a court rule each year making the appropriate adjustment.

PART 2. DEFINITIONS

SECTION 1-201. GENERAL DEFINITIONS. Subject to additional definitions

contained in the subsequent [articles] that are applicable to specific [articles,] [parts,] or sections

and unless the context otherwise requires, in this [code]:

(1) “Agent” includes an attorney-in-fact under a durable or nondurable power of attorney,

an individual authorized to make decisions concerning another’s health care, and an individual

authorized to make decisions for another under a natural death act.

(2) “Application” means a written request to the Registrar for an order of informal

probate or appointment under [Part] 3 of [Article] III.

(3) “Beneficiary,” as it relates to a trust beneficiary, includes a person who has any

present or future interest, vested or contingent, and also includes the owner of an interest by

assignment or other transfer; as it relates to a charitable trust, includes any person entitled to

enforce the trust; as it relates to a “beneficiary of a beneficiary designation,” refers to a

beneficiary of an insurance or annuity policy, of an account with POD designation, of a security

registered in beneficiary form (TOD), or of a pension, profit-sharing, retirement, or similar

9

benefit plan, or other nonprobate transfer at death; and, as it relates to a “beneficiary designated

in a governing instrument,” includes a grantee of a deed, a devisee, a trust beneficiary, a

beneficiary of a beneficiary designation, a donee, appointee, or taker in default of a power of

appointment, and a person in whose favor a power of attorney or a power held in any individual,

fiduciary, or representative capacity is exercised.

(4) “Beneficiary designation” refers to a governing instrument naming a beneficiary of an

insurance or annuity policy, of an account with POD designation, of a security registered in

beneficiary form (TOD), or of a pension, profit-sharing, retirement, or similar benefit plan, or

other nonprobate transfer at death.

(5) “Child” includes an individual entitled to take as a child under this [code] by intestate

succession from the parent whose relationship is involved and excludes a person who is only a

stepchild, a foster child, a grandchild, or any more remote descendant.

(6) “Claims,” in respect to estates of decedents and protected persons, includes liabilities

of the decedent or protected person, whether arising in contract, in tort, or otherwise, and

liabilities of the estate which arise at or after the death of the decedent or after the appointment of

a conservator, including funeral expenses and expenses of administration. The term does not

include estate or inheritance taxes, or demands or disputes regarding title of a decedent or

protected person to specific assets alleged to be included in the estate.

(7) “Conservator” is as defined in Section 5-102.

(8) “Court” means the [………. Court] or branch in this state having jurisdiction in

matters relating to the affairs of decedents.

(9) “Descendant” of an individual means all of his [or her] descendants of all generations,

with the relationship of parent and child at each generation being determined by the definition of

10

child and parent contained in this [code].

(10) “Devise,” when used as a noun means a testamentary disposition of real or personal

property and, when used as a verb, means to dispose of real or personal property by will.

(11) “Devisee” means a person designated in a will to receive a devise. For the purposes

of [Article] III, in the case of a devise to an existing trust or trustee, or to a trustee or trust

described by will, the trust or trustee is the devisee and the beneficiaries are not devisees.

(12) “Distributee” means any person who has received property of a decedent from his

[or her] personal representative other than as creditor or purchaser. A testamentary trustee is a

distributee only to the extent of distributed assets or increment thereto remaining in his [or her]

hands. A beneficiary of a testamentary trust to whom the trustee has distributed property

received from a personal representative is a distributee of the personal representative. For the

purposes of this provision, “testamentary trustee” includes a trustee to whom assets are

transferred by will, to the extent of the devised assets.

(13) “Estate” includes the property of the decedent, trust, or other person whose affairs

are subject to this [code] as originally constituted and as it exists from time to time during

administration.

(14) “Exempt property” means that property of a decedent’s estate which is described in

Section 2-403.

(15) “Fiduciary” includes a personal representative, guardian, conservator, and trustee.

(16) “Foreign personal representative” means a personal representative appointed by

another jurisdiction.

(17) “Formal proceedings” means proceedings conducted before a judge with notice to

interested persons.

11

(18) “Governing instrument” means a deed, will, trust, insurance or annuity policy,

account with POD designation, security registered in beneficiary form (TOD), transfer on death

(TOD) deed, pension, profit-sharing, retirement, or similar benefit plan, instrument creating or

exercising a power of appointment or a power of attorney, or a dispositive, appointive, or

nominative instrument of any similar type.

(19) “Guardian” is as defined in Section 5-102.

(20) “Heirs,” except as controlled by Section 2-711 means persons, including the

surviving spouse and the state, who are entitled under the statutes of intestate succession to the

property of a decedent.

(21) “Incapacitated person” means an individual described in Section 5-102.

(22) “Informal proceedings” means those conducted without notice to interested persons

by an officer of the court acting as a registrar for probate of a will or appointment of a personal

representative.

(23) “Interested person” includes heirs, devisees, children, spouses, creditors,

beneficiaries, and any others having a property right in or claim against a trust estate or the estate

of a decedent, ward, or protected person. It also includes persons having priority for

appointment as personal representative, and other fiduciaries representing interested persons.

The meaning as it relates to particular persons may vary from time to time and must be

determined according to the particular purposes of, and matter involved in, any proceeding.

(24) “Issue” of an individual means descendant.

(25) “Joint tenants with the right of survivorship” and “community property with the

right of survivorship” includes co-owners of property held under circumstances that entitle one

or more to the whole of the property on the death of the other or others, but excludes forms of

12

co-ownership registration in which the underlying ownership of each party is in proportion to

that party’s contribution.

(26) “Lease” includes an oil, gas, or other mineral lease.

(27) “Letters” includes letters testamentary, letters of guardianship, letters of

administration, and letters of conservatorship.

(28) “Minor” has the meaning described in Section 5-102.

(29) “Mortgage” means any conveyance, agreement, or arrangement in which property is

encumbered or used as security.

(30) “Nonresident decedent” means a decedent who was domiciled in another jurisdiction

at the time of his [or her] death.

(31) “Organization” means a corporation, business trust, estate, trust, partnership, joint

venture, association, government or governmental subdivision or agency, or any other legal or

commercial entity.

(32) “Parent” includes any person entitled to take, or who would be entitled to take if the

child died without a will, as a parent under this [code] by intestate succession from the child

whose relationship is in question and excludes any person who is only a stepparent, foster parent,

or grandparent.

(33) “Payor” means a trustee, insurer, business entity, employer, government,

governmental agency or subdivision, or any other person authorized or obligated by law or a

governing instrument to make payments.

(34) “Person” means an individual or an organization.

(35) “Personal representative” includes executor, administrator, successor personal

representative, special administrator, and persons who perform substantially the same function

13

under the law governing their status. “General personal representative” excludes special

administrator.

(36) “Petition” means a written request to the court for an order after notice.

(37) “Proceeding” includes action at law and suit in equity.

(38) “Property” includes both real and personal property or any interest therein and

means anything that may be the subject of ownership.

(39) “Protected person” is as defined in Section 5-102.

(40) “Protective proceeding” means a proceeding under [Part] 4 of [Article] V.

(41) “Record” means information that is inscribed on a tangible medium or that is stored

in an electronic or other medium and is retrievable in perceivable form.

(42) “Registrar” refers to the official of the court designated to perform the functions of

Registrar as provided in Section 1-307.

(43) “Security” includes any note, stock, treasury stock, bond, debenture, evidence of

indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in

payments out of production under such a title or lease, collateral trust certificate, transferable

share, voting trust certificate or, in general, any interest or instrument commonly known as a

security, or any certificate of interest or participation, any temporary or interim certificate,

receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the

foregoing.

(44) “Settlement,” in reference to a decedent’s estate, includes the full process of

administration, distribution and closing.

(45) “Sign” means, with present intent to authenticate or adopt a record other than a will:

(A) to execute or adopt a tangible symbol; or

14

(B) to attach to or logically associate with the record an electronic symbol, sound,

or process.

(46) “Special administrator” means a personal representative as described by Sections 3-

614 through 3-618.

(47) “State” means a state of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction

of the United States.

(48) “Successor personal representative” means a personal representative, other than a

special administrator, who is appointed to succeed a previously appointed personal

representative.

(49) “Successors” means persons, other than creditors, who are entitled to property of a

decedent under his [or her] will or this [code].

(50) “Supervised administration” refers to the proceedings described in [Article] III,

[Part] 5.

(51) “Survive” means that an individual has neither predeceased an event, including the

death of another individual, nor is deemed to have predeceased an event under Section 2-104 or

2-702. The term includes its derivatives, such as “survives,” “survived,” “survivor,” and

“surviving.”

(52) “Testacy proceeding” means a proceeding to establish a will or determine intestacy.

(53) “Testator” includes an individual of either sex.

(54) “Trust” includes an express trust, private or charitable, with additions thereto,

wherever and however created. The term also includes a trust created or determined by

judgment or decree under which the trust is to be administered in the manner of an express trust.

15

The term excludes other constructive trusts and excludes resulting trusts, conservatorships,

personal representatives, trust accounts as defined in [Article] VI, custodial arrangements

pursuant to [each state should list its legislation, including that relating to [gifts] [transfers] to

minors, dealing with special custodial situations], business trusts providing for certificates to be

issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation

trusts, and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages,

profits, pensions, or employee benefits of any kind, and any arrangement under which a person is

nominee or escrowee for another.

(55) “Trustee” includes an original, additional, or successor trustee, whether or not

appointed or confirmed by court.

(56) “Ward” means an individual described in Section 5-102.

(57) “Will” includes codicil and any testamentary instrument that merely appoints an

executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits

the right of an individual or class to succeed to property of the decedent passing by intestate

succession.

[FOR ADOPTION IN COMMUNITY PROPERTY STATES]

[(58) “Separate property” (if necessary, to be defined locally in accordance with existing

concept in adopting state).

(59) “Community property” (if necessary, to be defined locally in accordance with

existing concept in adopting state).]

Comment

Section 1-201 contains general definitions applicable to the entire Uniform Probate Code. Other articles or sections may contain special definitions applicable only to that article or section. In case of a conflict between a general definition and a special definition, the special definition controls.

16

The following is a list of UPC sections containing definitions, with the corresponding

sections to which the definitions apply in parentheses: 1-201 (All of UPC, unless otherwise excepted) 2-106 (Section 2-106) 2-115 (Article II, Part 1, Subpart 2) 2-120 (Section 2-120) 2-121 (Section 2-121) 2-603 (Section 2-603) 2-705 (Section 2-705) 2-706 (Section 2-706) 2-707 (Section 2-707) 2-709 (Section 2-709) 2-803 (Section 2-803) 2-804 (Section 2-804) 2-1001 (Article II, Part 10) 2-1102 (Article II, Part 11) 3-9A-102 (Article III, Part 9A) 3-9A-106 (Section 3-9A-106) 3-9A-107 (Section 3-9A-107) 4-101 (Article IV) 5-102 (Article V) 5A-102 (Article 5A) 5A-201 (Article 5A, Part 2) 5B-102 (Article 5B) 6-102 (Section 6-102) 6-201 (Article VI, Part 2) 6-301 (Article VI, Part 3) 6-402 (Article VI, Part 4)

PART 3. SCOPE, JURISDICTION AND COURTS

SECTION 1-301. TERRITORIAL APPLICATION. Except as otherwise provided in

this [code], this [code] applies to:

(1) the affairs and estates of decedents, missing persons, and persons to be protected,

domiciled in this state,

(2) the property of nonresidents located in this state or property coming into the control

of a fiduciary who is subject to the laws of this state,

(3) incapacitated persons and minors in this state,

17

(4) survivorship and related accounts in this state, and

(5) trusts subject to administration in this state.

SECTION 1-302. SUBJECT MATTER JURISDICTION.

(a) To the full extent permitted by the constitution, the court has jurisdiction over all

subject matter relating to

(1) estates of decedents, including construction of wills and determination of heirs

and successors of decedents, and estates of protected persons;

(2) protection of minors and incapacitated persons; and

(3) trusts.

(b) The court has full power to make orders, judgments and decrees and take all other

action necessary and proper to administer justice in the matters which come before it.

(c) The court has jurisdiction over protective proceedings and guardianship proceedings.

(d) If both guardianship and protective proceedings as to the same person are commenced

or pending in the same court, the proceedings may be consolidated.

SECTION 1-303. VENUE; MULTIPLE PROCEEDINGS; TRANSFER.

(a) Where a proceeding under this [code] could be maintained in more than one place in

this state, the court in which the proceeding is first commenced has the exclusive right to

proceed.

(b) If proceedings concerning the same estate, protected person, ward, or trust are

commenced in more than one court of this state, the court in which the proceeding was first

commenced shall continue to hear the matter, and the other courts shall hold the matter in

abeyance until the question of venue is decided, and if the ruling court determines that venue is

properly in another court, it shall transfer the proceeding to the other court.

18

(c) If a court finds that in the interest of justice a proceeding or a file should be located in

another court of this state, the court making the finding may transfer the proceeding or file to the

other court.

SECTION 1-304. PRACTICE IN COURT. Unless specifically provided to the

contrary in this [code] or unless inconsistent with its provisions, the rules of civil procedure

including the rules concerning vacation of orders and appellate review govern formal

proceedings under this [code].

SECTION 1-305. RECORDS AND CERTIFIED COPIES. The [Clerk of Court]

shall keep a record for each decedent, ward, protected person or trust involved in any document

which may be filed with the court under this [code], including petitions and applications,

demands for notices or bonds, trust registrations, and of any orders or responses relating thereto

by the Registrar or court, and establish and maintain a system for indexing, filing or recording

which is sufficient to enable users of the records to obtain adequate information. Upon payment

of the fees required by law the clerk must issue certified copies of any probated wills, letters

issued to personal representatives, or any other record or paper filed or recorded. Certificates

relating to probated wills must indicate whether the decedent was domiciled in this state and

whether the probate was formal or informal. Certificates relating to letters must show the date of

appointment.

SECTION 1-306. JURY TRIAL.

(a) If duly demanded, a party is entitled to trial by jury in [a formal testacy proceeding

and] any proceeding in which any controverted question of fact arises as to which any party has a

constitutional right to trial by jury.

(b) If there is no right to trial by jury under subsection (a) or the right is waived, the court

19

in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory

only.

SECTION 1-307. REGISTRAR; POWERS. The acts and orders which this [code]

specifies as performable by the Registrar may be performed either by a judge of the court or by a

person, including the clerk, designated by the court by a written order filed and recorded in the

office of the court.

SECTION 1-308. APPEALS. Appellate review, including the right to appellate review,

interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review,

record on appeal, briefs, arguments and power of the appellate court, is governed by the rules

applicable to the appeals to the [Supreme Court] in equity cases from the [court of general

jurisdiction], except that in proceedings where jury trial has been had as a matter of right, the

rules applicable to the scope of review in jury cases apply.

SECTION 1-309. QUALIFICATIONS OF JUDGE. A judge of the court must have

the same qualifications as a judge of the [court of general jurisdiction].

Comment

In Article VIII, Section 8-101 on transition from old law to new law provision is made for the continuation in service of a sitting judge not qualified for initial selection.

SECTION 1-310. OATH OR AFFIRMATION ON FILED DOCUMENTS. Except

as otherwise specifically provided in this [code] or by rule, every document filed with the court

under this [code] including applications, petitions, and demands for notice, shall be deemed to

include an oath, affirmation, or statement to the effect that its representations are true as far as

the person executing or filing it knows or is informed, and penalties for perjury may follow

deliberate falsification therein.

20

PART 4. NOTICE, PARTIES AND REPRESENTATION IN ESTATE LITIGATION AND OTHER MATTERS

SECTION 1-401. NOTICE; METHOD AND TIME OF GIVING.

(a) If notice of a hearing on any petition is required and except for specific notice

requirements as otherwise provided, the petitioner shall cause notice of the time and place of

hearing of any petition to be given to any interested person or his attorney if he has appeared by

attorney or requested that notice be sent to his attorney. Notice shall be given:

(1) by mailing a copy thereof at least 14 days before the time set for the hearing

by certified, registered or ordinary first class mail addressed to the person being notified at the

post office address given in his demand for notice, if any, or at his office or place of residence, if

known;

(2) by delivering a copy thereof to the person being notified personally at least 14

days before the time set for the hearing; or

(3) if the address, or identity of any person is not known and cannot be

ascertained with reasonable diligence, by publishing at least once a week for three consecutive

weeks, a copy thereof in a newspaper having general circulation in the county where the hearing

is to be held, the last publication of which is to be at least 10 days before the time set for the

hearing.

(b) The court for good cause shown may provide for a different method or time of giving

notice for any hearing.

(c) Proof of the giving of notice shall be made on or before the hearing and filed in the

proceeding.

SECTION 1-402. NOTICE; WAIVER. A person, including a guardian ad litem,

conservator or other fiduciary, may waive notice by a writing signed by him or his attorney and

21

filed in the proceeding. A person for whom a guardianship or other protective order is sought, a

ward, or a protected person may not waive notice.

Comment

The subject of appearance is covered by Section 1-304. SECTION 1-403. PLEADINGS; WHEN PARTIES BOUND BY OTHERS;

NOTICE. In formal proceedings involving trusts or estates of decedents, minors, protected

persons, or incapacitated persons, and in judicially supervised settlements, the following rules

apply:

(1) Interests to be affected must be described in pleadings that give reasonable

information to owners by name or class, by reference to the instrument creating the interests or in

another appropriate manner.

(2) A person is bound by an order binding another in the following cases:

(A) An order binding the sole holder or all co-holders of a power of revocation or

a presently exercisable general power of appointment, including one in the form of a power of

amendment, binds other persons to the extent their interests as objects, takers in default, or

otherwise are subject to the power.

(B) To the extent there is no conflict of interest between them or among persons

represented:

(i) an order binding a conservator binds the person whose estate the

conservator controls;

(ii) an order binding a guardian binds the ward if no conservator of the

ward’s estate has been appointed;

(iii) an order binding a trustee binds beneficiaries of the trust in

22

proceedings to probate a will establishing or adding to a trust, to review the acts or accounts of a

former fiduciary, and in proceedings involving creditors or other third parties;

(iv) an order binding a personal representative binds persons interested in

the undistributed assets of a decedent’s estate in actions or proceedings by or against the estate;

and

(v) an order binding a sole holder or all co-holders of a general

testamentary power of appointment binds other persons to the extent their interests as objects,

takers in default, or otherwise are subject to the power.

(C) Unless otherwise represented, a minor or an incapacitated, unborn, or

unascertained person is bound by an order to the extent the person’s interest is adequately

represented by another party having a substantially identical interest in the proceeding.

(3) If no conservator or guardian has been appointed, a parent may represent a minor

child.

(4) Notice is required as follows:

(A) The notice prescribed by Section 1-401 must be given to every interested

person or to one who can bind an interested person as described in paragraph (2)(A) or (B).

Notice may be given both to a person and to another who may bind the person.

(B) Notice is given to unborn or unascertained persons who are not represented

under paragraph (2)(A) or (B) by giving notice to all known persons whose interests in the

proceedings are substantially identical to those of the unborn or unascertained persons.

(5) At any point in a proceeding, a court may appoint a guardian ad litem to represent the

interest of a minor, an incapacitated, unborn, or unascertained person, or a person whose identity

or address is unknown, if the court determines that representation of the interest otherwise would

23

be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to

represent several persons or interests. The court shall state its reasons for appointing a guardian

ad litem as a part of the record of the proceeding.

Comment

A general power, as used here and in Section 1-108, is one which enables the power holder to draw absolute ownership to himself. The section assumes a valid general power. If the validity of the power itself were in issue, the power holder could not represent others, as for example, the takers in default.

The general rules of civil procedure are applicable where not replaced by a specific

provision, see Section 1-304. Those rules would determine the mode of giving notice or serving process on a minor or the mode of notice in class suits involving large groups of persons made party to a suit.

1997 Technical Amendment. By technical amendment effective July 31, 1997,

paragraph (2)(B)(v) was added to clarify that orders binding the holder of a general testamentary power may bind others to the extent their interests are subject to the power. The addition, like the other segments of paragraph (2)(B), is qualified by the stem language: “To the extent there is no conflict between them or among persons represented...” Also, paragraph (2)(C) was broadened to include minors and incapacitated persons with the others listed as persons who may be bound by judicial orders under principles of virtual representation.

ARTICLE II

INTESTACY, WILLS, AND DONATIVE TRANSFERS

The following free-standing Acts are associated with Article II:

Uniform Disclaimer of Property Interests Act (1999/2006) Article II, Part 11 has also been adopted as the free-standing Uniform Disclaimer of

Property Interests Act (1999/2006).

Uniform International Wills Act (1977) Article II, Part 10 has also been adopted as the free-standing Uniform International Wills

Act (1977).

Uniform Simultaneous Death Act (1991/1993) Article II, Sections 1-107, 2-104 and 2-702 have also been adopted as the free-standing

24

Uniform Simultaneous Death Act (1991/1993).

Uniform Statutory Rule Against Perpetuities (1986/1990) Article II, Part 9, Subpart 1 has also been adopted as the free-standing Uniform Statutory

Rule Against Perpetuities (1986/1990).

Uniform Testamentary Additions to Trusts Act (1991) Article II, Section 2-511 has also been adopted as the free-standing Uniform

Testamentary Additions to Trusts Act (1991).

PREFATORY NOTE

The Uniform Probate Code was originally promulgated in 1969. 1990 Revisions. In 1990, Article II underwent significant revision. The 1990 revisions

were the culmination of a systematic study of the Code conducted by the Joint Editorial Board for the Uniform Probate Code (now named the Joint Editorial Board for Uniform Trust and Estate Acts) and a special Drafting Committee to Revise Article II. The 1990 revisions concentrated on Article II, which is the article that covers the substantive law of intestate succession; spouse’s elective share; omitted spouse and children; probate exemptions and allowances; execution and revocation of wills; will contracts; rules of construction; disclaimers; the effect of homicide and divorce on succession rights; and the rule against perpetuities and honorary trusts.

Themes of the 1990 Revisions. In the twenty or so years between the original

promulgation of the Code and 1990, several developments occurred that prompted the systematic round of review. Four themes were sounded: (1) the decline of formalism in favor of intent-serving policies; (2) the recognition that will substitutes and other inter-vivos transfers have so proliferated that they now constitute a major, if not the major, form of wealth transmission; (3) the advent of the multiple-marriage society, resulting in a significant fraction of the population being married more than once and having stepchildren and children by previous marriages and (4) the acceptance of a partnership or marital-sharing theory of marriage.

The 1990 revisions responded to these themes. The multiple-marriage society and the

partnership/marital-sharing theory were reflected in the revised elective-share provisions of Part 2. As the General Comment to Part 2 explained, the revised elective share granted the surviving spouse a right of election that implemented the partnership/marital-sharing theory of marriage.

The children-of-previous-marriages and stepchildren phenomena were reflected most

prominently in the revised rules on the spouse’s share in intestacy. The proliferation of will substitutes and other inter-vivos transfers was recognized,

mainly, in measures tending to bring the law of probate and nonprobate transfers into greater unison. One aspect of this tendency was reflected in the restructuring of the rules of

25

construction. Rules of construction are rules that supply presumptive meaning to dispositive and similar provisions of governing instruments. See Restatement (Third) of Property: Wills and Other Donative Transfers § 11.3 (2003). Part 6 of the pre-1990 Code contained several rules of construction that applied only to wills. Some of those rules of construction appropriately applied only to wills; provisions relating to lapse, testamentary exercise of a power of appointment, and ademption of a devise by satisfaction exemplify such rules of construction. Other rules of construction, however, properly apply to all governing instruments, not just wills; the provision relating to inclusion of adopted persons in class gift language exemplifies this type of rule of construction. The 1990 revisions divided pre-1990 Part 6 into two parts – Part 6, containing rules of construction for wills only; and Part 7, containing rules of construction for wills and other governing instruments. A few new rules of construction were also added.

In addition to separating the rules of construction into two parts, and adding new rules of

construction, the revocation-upon-divorce provision (Section 2-804) was substantially revised so that divorce not only revokes testamentary devises, but also nonprobate beneficiary designations, in favor of the former spouse. Another feature of the 1990 revisions was a new section (Section 2-503) that brought the execution formalities for wills more into line with those for nonprobate transfers.

2008 Revisions. In 2008, another round of revisions was adopted. The principal features

of the 2008 revisions are summarized as follows: Inflation Adjustments. Between 1990 and 2008, the Consumer Price Index rose by

somewhat more than 50 percent. The 2008 revisions raised the dollar amounts by 50 percent in Article II Sections 2-102, 2-102A, 2-201, 2-402, 2-403, and 2-405, and added a new cost of living adjustment section — Section 1-109.

Intestacy. Part 1 on intestacy was divided into two subparts: Subpart 1 on general rules

of intestacy and subpart 2 on parent-child relationships. For details, see the General Comment to Part 1.

Execution of Wills. Section 2-502 was amended to allow notarized wills as an alternative

to wills that are attested by two witnesses. That amendment necessitated minor revisions to Section 2-504 on self-proved wills and to Section 3-406 on the effect of notarized wills in contested cases.

Class Gifts. Section 2-705 on class gifts was revised in a variety of ways, as explained in

the revised Comment to that section. Reformation and Modification. New Sections 2-805 and 2-806 brought the reformation

and modification sections now contained in the Uniform Trust Code into the Uniform Probate Code.

Historical Note. This Prefatory Note was revised in 2008. Legislative Note: References to spouse or marriage appear throughout Article II. States

26

that recognize civil unions, domestic partnerships, or similar relationships between unmarried individuals should add appropriate language wherever such references or similar references appear.

States that do not recognize such relationships between unmarried individuals, or

marriages between same-sex partners, are urged to consider whether to recognize the spousal-type rights that partners acquired under the law of another jurisdiction in which the relationship was formed but who die domiciled in this state. Doing so would not be the equivalent of recognizing such relationships in this state but simply allowing those who move to and die in this state to retain the rights they previously acquired elsewhere. See Christine A. Hammerle, Note, Free Will to Will? A Case for the Recognition of Intestacy Rights for Survivors to a Same-Sex Marriage or Civil Union, 104 Mich. L. Rev. 1763 (2006).

PART 1. INTESTATE SUCCESSION

GENERAL COMMENT

The pre-1990 Code’s basic pattern of intestate succession, contained in Part 1, was

designed to provide suitable rules for the person of modest means who relies on the estate plan provided by law. The 1990 and 2008 revisions were intended to further that purpose, by fine tuning the various sections and bringing them into line with developing public policy and family relationships.

1990 Revisions. The principal features of the 1990 revisions were: 1. So-called negative wills were authorized, under which the decedent who dies intestate,

in whole or in part, can by will disinherit a particular heir. 2. A surviving spouse was granted the whole of the intestate estate, if the decedent left

no surviving descendants and no parents or if the decedent’s surviving descendants are also descendants of the surviving spouse and the surviving spouse has no descendants who are not descendants of the decedent. The surviving spouse receives the first $200,000 plus three-fourths of the balance if the decedent left no surviving descendants but a surviving parent. The surviving spouse receives the first $150,000 plus one-half of the balance of the intestate estate, if the decedent’s surviving descendants are also descendants of the surviving spouse but the surviving spouse has one or more other descendants. The surviving spouse receives the first $100,000 plus one-half of the balance of the intestate estate, if the decedent has one or more surviving descendants who are not descendants of the surviving spouse. (To adjust for inflation, these dollar figures and other dollar figures in Article II were increased by fifty percent in 2008.)

3. A system of representation called per capita at each generation was adopted as a

means of more faithfully carrying out the underlying premise of the pre-1990 UPC system of representation. Under the per-capita-at-each-generation system, all grandchildren (whose parent has predeceased the intestate) receive equal shares.

4. Although only a modest revision of the section dealing with the status of adopted

27

children and children born of unmarried parents was then made, the question was under continuing review and it was anticipated that further revisions would be forthcoming in the future.

5. The section on advancements was revised so that it applies to partially intestate estates

as well as to wholly intestate estates. 2008 Revisions. As noted in Item 4 above, it was recognized in 1990 that further

revisions on matters of status were needed. The 2008 revisions fulfilled that need. Specifically, the 2008 revisions contained the following principal features:

Part 1 Divided into Two Subparts. Part 1 was divided into two subparts: Subpart 1 on

general rules of intestacy and Subpart 2 on parent-child relationships. Subpart 1: General Rules of Intestacy. Subpart 1 contains Sections 2-101 (unchanged),

2-102 (dollar figures adjusted for inflation), 2-103 (restyled and amended to grant intestacy rights to certain stepchildren as a last resort before the intestate estate escheats to the state), 2-104 (amended to clarify the requirement of survival by 120 hours as it applies to heirs who are born before the intestate’s death and those who are in gestation at the intestate’s death), 2-105 (unchanged), 2-106 (unchanged), 2-107 (unchanged), 2-108 (deleted and matter dealing with heirs in gestation at the intestate’s death relocated to 2-104), 2-109 (unchanged), 2-110 (unchanged), 2-111 (unchanged), 2-112 (unchanged), 2-113 (unchanged), and 2-114 (deleted and replaced with a new section addressing situations in which a parent is barred from inheriting).

Subpart 2: Parent-Child Relationships. New Subpart 2 contains several new or

substantially revised sections. New Section 2-115 contains definitions of terms that are used in Subpart 2. New Section 2-116 is an umbrella section declaring that, except as otherwise provided in Section 2-119(b) through (e), if a parent-child relationship exists or is established under this subpart 2, the parent is a parent of the child and the child is a child of the parent for purposes of intestate succession. Section 2-117 continues the rule that, except as otherwise provided in Sections 2-120 and 2-121, a parent-child relationship exists between a child and the child’s genetic parents, regardless of their marital status. Regarding adopted children, Section 2-118 continues the rule that adoption establishes a parent-child relationship between the adoptive parents and the adoptee for purposes of intestacy. Section 2-119 addresses the extent to which an adoption severs the parent-child relationship with the adoptee’s genetic parents. New Sections 2-120 and 2-121 turn to various parent-child relationships resulting from assisted reproductive technologies in forming families. As one researcher reported: “Roughly 10 to 15 percent of all adults experience some form of infertility.” Debora L. Spar, The Baby Business 31 (2006). Infertility, coupled with the desire of unmarried individuals to have children, have led to increased questions concerning children of assisted reproduction. Sections 2-120 and 2-121 address inheritance rights in cases of children of assisted reproduction, whether the birth mother is the one who parents the child or is a gestational carrier who bears the child for an intended parent or intended parents. As two authors have noted: “Parents, whether they are in a married or unmarried union with another, whether they are a single parent, whether they