Wills and Estate Administration-Articles from www.njlaws.com: UNIFORM PROBATE CODE Table of contents

UNIFORM PROBATE CODE Table of contents
(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

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.

Section

ARTICLE II
INTESTACY, WILLS, AND DONATIVE TRANSFERS PART 1. INTESTATE SUCCESSION Subpart 1. General Rules

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. ElectiveShare.
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.

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.

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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.

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. RecordingOfDisclaimer.
2-1116. Application To Existing Relationships.
2-1117. Relation To Electronic Signatures in Global and National Commerce Act.

Section

ARTICLE III
PROBATE OF WILLS AND ADMINISTRATION PART 1. GENERAL PROVISIONS

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.

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.

vii

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.

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

Section

Representatives and Employees of Estate.
PART 8. CREDITORS’ CLAIMS

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.

3-9A-102. 3-9A-103. 3-9A-104. 3-9A-105. 3-9A-106. 3-9A-107. 3-9A-108. 3-9A-109. 3-9A-110. 3-9A-111. 3-9A-112. 3-9A-113. 3-9A-114. 3-9A-115.
Section
3-1001. 3-1002.
3-1003. 3-1004. 3-1005. 3-1006. 3-1007. 3-1008.
Section
3-1101. 3-1102.

Definitions.
Apportionment By Will Or Other Dispositive Instrument.
Statutory Apportionment Of Estate Taxes.
CreditsAndDeferrals.
Insulated Property: Advancement Of Tax.
Apportionment And Recapture Of Special Elective Benefits.
Securing Payment Of Estate Tax From Property In Possession Of Fiduciary. CollectionOfEstateTaxByFiduciary.
Right Of Reimbursement.
Action To Determine Or Enforce Part.
[Reserved.]
[Reserved.]
Delayed Application.
Effective Date.
PART 10. CLOSING ESTATES
Formal Proceedings Terminating Administration; Testate or Intestate; Order of General Protection.
Formal Proceedings Terminating Testate Administration; Order Construing Will Without Adjudicating Testacy.
Closing Estates; By Sworn Statement of Personal Representative. Liability of Distributees to Claimants.
Limitations on Proceedings Against Personal Representative. Limitations on Actions and Proceedings Against Distributees. Certificate Discharging Liens Securing Fiduciary Performance. Subsequent Administration.
PART 11. COMPROMISE OF CONTROVERSIES
Effect of Approval of Agreements Involving Trusts, Inalienable Interests, or Interests of Third Persons.
Procedure for Securing Court Approval of Compromise.

Section
3-1201. 3-1202. 3-1203. 3-1204.

Collection of Personal Property by Affidavit.
Effect of Affidavit.
Small Estates; Summary Administration Procedure.
Small Estates; Closing by Sworn Statement of Personal Representative.

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

ARTICLE IV
FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION PART 1. DEFINITIONS

Section
4-101.
Section
4-201.
4-202. 4-203. 4-204. 4-205. 4-206. 4-207.
Section
4-301. 4-302. 4-303.
Section
4-401.

Definitions.

PART 2. POWERS OF FOREIGN PERSONAL REPRESENTATIVES

Payment of Debt and Delivery of Property to Domiciliary Foreign Personal Representative Without Local Administration.
Payment or Delivery Discharges.
Resident Creditor Notice.
Proof of Authority-Bond.
Powers.
Power of Representatives in Transition.
Ancillary and Other Local Administrations; Provisions Governing.

PART 3. JURISDICTION OVER FOREIGN REPRESENTATIVES

Jurisdiction by Act of Foreign Personal Representative. Jurisdiction by Act of Decedent.
Service on Foreign Personal Representative.
PART 4. JUDGMENTS AND PERSONAL REPRESENTATIVES
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. V enue.
5-109. [Reserved.]
5-110. Letters of Office.
5-111. Effect of Acceptance of Appointment.

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:
5-305. Judicial Appointment of Guardian:
5-306. Judicial Appointment of Guardian:
5-307. Confidentiality of Records.
5-308. Judicial Appointment of Guardian:
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.

Petition.
Preliminaries to Hearing. Professional Evaluation.
Presence and Rights at Hearing.

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.

xii

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.

xiii

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.

xiv

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.

Section

PART 3. STATUTORY FORMS

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

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.

xvi

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].

Wills and Estate Administration-Articles from www.njlaws.com

Saturday, March 7, 2015

UNIFORM PROBATE CODE Table of contents

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