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Everything you need to know about Uniform Probate Code

On Behalf of | Jul 10, 2023 | Probate & Estate Administration |

If you’ve been through the probate process in Kentucky, you know it can be time-consuming and sometimes expensive. However, probate can be a helpful option to administer a decedent’s estate. That said, probate processes vary by state. The Uniform Probate Code (UPC) aims to have all states adopt a uniform probate process. But some states haven’t yet adopted this act.

What is the Uniform Probate Code?

Created by the National Conference of Commissioners on Uniform State Laws, the UPC is an act designed to help make the probate process uniform across all 50 states. This act lists uniform rules and regulations about all aspects of the probate process, including:

  • Guardianship
  • Wills
  • Estate administration
  • Estate litigation
  • intestacy
  • Non-testamentary transfers

What makes the Uniform Probate Code beneficial?

While the majority of states adopting none or portions of the Universal Probate Code, it might seem like this act isn’t beneficial. As it turns out, this act has few major benefits.

Saving money

Probate proceedings involve spending money on attorneys and court and filing fees. Typically, these costs add up as the probate process continues. Using a standard set of rules often shortens probate proceedings, helping you incur fewer probate-related costs.

Easier for some multi-state estates

Since probate laws vary by state, executing an estate in another state could mean using a completely different set of probate rules. If both states follow the UPC, their probate rules will be the same.

Speeding up the probate process

When a state adopts the UPC, each probate proceeding follows the same rules. It’s easier to complete probate proceedings when the professionals involved in this process continue following a single set of standards.

Currently, Kentucky doesn’t follow the UPC. Only future legislative meetings will decide if this state eventually adopts this act.