Uniform Probate Code – Learn Why It Works Well For Smaller Estates

Uniform Probate Code

For the ease and protection of the fluidity of probate court and all the confusing items that it entails there has been established a uniform probate code (UPC). It is the quest for the court to make probate as simple and painless as possible as a family grieves and goes through changes.

The code is set up in its simplest terms as a checks and balance system to ensure that all the legal issues are being taken care of during the probate process. It is intended to simplify the probate process for all by creating a statute to unify and clarify all the affairs that involved in probate court.


The code also allows for supervised and unsupervised conditions when it comes to probate. Therefore an executor who is dealing with an estate that has little or no assets is allowed to manage the execution of the deceased’s property without being supervised, or should we say holding hands, with the probate court.

By allowing this to happen the executor (also know as the personal representative) can manage, report and distribute the items and information more quickly that having to constantly run to court for all information to be approved. Having an estate tied up in probate court can draw out the process to triple the time. With this freedom it can be done in due process at a more rapid rate.

This is of course possible if no one is contesting a will. Should this be the case then the estate must be supervised and the code cannot be applied. Typically in most cases a will is left uncontested and the UPC process can take place saving a lot of time, money and effort.

The statute is a win, win situation for many. It enables the court to be freed from smaller matters in regards to wills and probate taking less time and money from the court system. This enables the court to concentrate on matters that require more attention such as larger estate and those who are contesting a will. For these issues the court can put cases on their dockets much faster than in the past because there is more time there.

It also saves the time and money of the people involved in a smaller estate. This is because they do not have to file a bond with the court and can execute orders of the will unsupervised and then report it to the court. Expedition seems the logical course for a person’s estate that does not have a large settlement or anyone contesting it.

The only person that seems to be in disagreement with the UPC is some attorneys who do not believe that an executor should be regulated. It also is under scrutiny by those companies who sell bonds for probate as it takes money out of the pockets. But overall the benefit of having a uniform probate code has proven very beneficial since its inception in 1969. It continues to be amended and refined as time goes on.

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