SECTION 3-315. UNIVERSAL SUCCESSION; DUTY OF REGISTRAR; EFFECT OF STATEMENT OF UNIVERSAL SUCCESSION Uniform Probate Code

SECTION 3-315. UNIVERSAL SUCCESSION; DUTY OF REGISTRAR; EFFECT OF STATEMENT OF UNIVERSAL SUCCESSION Uniform Probate Code

 Upon receipt of an application under Section 3-313, if at least 120 hours have elapsed since the decedent’s death, the Registrar, upon granting the application, shall issue a written statement of universal succession describing the estate as set forth in the application and stating that the applicants (i) are the universal successors to the assets of the estate as provided in Section 3-312, (ii) have assumed liability for the obligations of the decedent, and (iii) have acquired the powers and liabilities of universal successors. The statement of universal succession is evidence of the universal successors’ title to the assets of the estate. Upon its issuance, the powers and liabilities of universal successors provided in Sections 3-316 through 3-322 attach and are assumed by the applicants.

Comment

This section provides for a written statement issued by the Registrar evidencing the right and power of the universal successors to deal with the property of the decedent and serves as an instrument of distribution to them. Although the application for universal succession may be filed anytime after death, within the time limit for original probate, the Registrar may not act before 120 hours have elapsed since the testator’s death. This period parallels provisions for other informal proceedings under the UPC, e.g., Sections 2-601, 3-302, 3-307.