SECTION 3-316. UNIVERSAL SUCCESSION; UNIVERSAL SUCCESSORS’ POWERS Uniform Probate Code

SECTION 3-316. UNIVERSAL SUCCESSION; UNIVERSAL SUCCESSORS’ POWERS Uniform Probate Code

 

(1) Universal successors have full power of ownership to deal with the assets of the estate subject to the limitations and liabilities in this [subpart]. The universal successors shall proceed expeditiously to settle and distribute the estate without adjudication but if necessary may invoke the jurisdiction of the court to resolve questions concerning the estate.

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(2) Universal successors have the same powers as distributees from a personal representative under Sections 3-908 and 3-909 and third persons with whom they deal are protected as provided in Section 3-910.

(3) For purposes of collecting assets in another state whose law does not provide for universal succession, universal successors have the same standing and power as personal representatives or distributees in this state.

Comment

This section is the substantive provision (1) declaring the successors to be distributees and (2) to have the powers of owners so far as dealing with the estate assets subject to the obligations to others.

Details concerning the status of distributees under UPC Section 3-908 and the power to deal with property are provided in UPC Section 3-910.

Although one state cannot control the law of another, the universal successor should be recognized in other states as having the standing of either a foreign personal representative or a distributee of the claim to local assets. Paragraph (3) attempts to remove any limitation of this state in such a case