Thursday, May 14, 2015

SECTION 3-319. UNIVERSAL SUCCESSION; DUTY OF UNIVERSAL SUCCESSORS; INFORMATION TO HEIRS AND DEVISEES Uniform Probate Code

SECTION 3-319. UNIVERSAL SUCCESSION; DUTY OF UNIVERSAL SUCCESSORS; INFORMATION TO HEIRS AND DEVISEES Uniform Probate Code
information is a breach of duty to the persons concerned but does not affect the validity of the approval of succession without administration or the powers or liabilities of the universal successors. A universal successor may inform other persons of the succession without administration by delivery or by ordinary first class mail.
Comment
The problem of residuary legatees or some of the heirs moving for universal succession without the knowledge of others interested in the estate is similar to that of informal administration. By this provision those devisees and heirs who do not participate in the application are informed of the application and its approval and may move to protect any interest that they perceive. The provision parallels UPC Section 3-705. 

No comments: