Uniform Probate Code (UPC)

The Uniform Probate CodeĀ (UPC) is a model statute designed by the Uniform Law Commission to standardize, simplify, and modernize state laws governing probate, wills, and intestacy.

The UPC covers:

Estate Administration

Standard procedures for appointing personal representatives and settling estates.

Intestate Succession

A default distribution schedule for individuals who die without a valid will.

Execution of Wills

Standard rules for will validity and testamentary capacity.

Non-Probate Transfers

Rules for transferring assets outside of probate through trusts, joint accounts, or beneficiary designations.

Guardianship

Procedures for appointing guardians for minors and incapacitated adults.

Approximately 18 states have fully adopted the UPC, including Alaska, Arizona, Colorado, Hawaii, Idaho, Maine, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, North Dakota, South Carolina, South Dakota, Utah, and Wisconsin. Other states have adopted parts of the code. If your assets are spread across multiple states, the UPC reduces administrative friction, but you must still review the local statutes of each state where you own real property.