Determine Uniform Probate Code eligibility
Some states have adopted a universal set of rules for probate known as the Universal Probate Code (UPC).
These laws replace mandatory Probate Court hearings with a paperwork process also known as an Informal Probate.
If the deceased lived in a state that uses the UPC, the probate process may be simpler, quicker, and potentially cheaper, because of their standardized procedures.
Because laws differ from state to state, make sure to review local UPC laws in your state before beginning.
States that follow the Uniform Probate Code
- Massachusetts (adopted UPC in 2012, but still uses previous laws also)
- New Jersey (not adopted in its entirety)
- New Mexico
- North Dakota
- South Carolina
- South Dakota
What is Uniform Probate Code?
The Uniform Probate Code (UPC) was designed as a universal law governing wills, trusts, probate, and intestacy.
The primary purpose of the UPC is to standardize and streamline laws governing Probate and Estate administration.
While several states have adopted the UPC, there are still variations from state to state, such as which types of estate qualify for “small” estate probate procedures.
Even if the deceased lived in a state that has adopted the UPC, state-specific probate laws should be reviewed before proceeding with the probate process.
Providers to Contact
Probate Attorneys Near You
Probate Attorneys help you determine if the deceased’s estate is subject to Uniform Probate Code, and provide guidance in settling an estate under the UPC. They also help you comply with state and federal probate laws, assist with paperwork, the probate process, and the financial aspects of probate.