SECTION 3-322. UNIVERSAL SUCCESSION; REMEDIES OF CREDITORS, OTHER HEIRS, DEVISEES OR PERSONS ENTITLED TO DECEDENT’S PROPERTY Uniform Probate Code

SECTION 3-322. UNIVERSAL SUCCESSION; REMEDIES OF CREDITORS, OTHER HEIRS, DEVISEES OR PERSONS ENTITLED TO DECEDENT’S PROPERTY

Uniform Probate Code

In addition to remedies otherwise provided by law, any creditor, heir, devisee, or person entitled to decedent’s property qualified under Section 3-605, may demand bond of universal successors. If the demand for bond precedes the granting of an application for universal succession, it must be treated as an objection under Section 3-314(c) unless it is withdrawn, the claim satisfied, or the applicants post bond in an amount sufficient to protect the demandant. If the demand for bond follows the granting of an application for universal succession, the universal successors,

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within 10 days after notice of the demand, upon satisfying the claim or posting bond sufficient to protect the demandant, may disqualify the demandant from seeking administration of the estate.

Comment

This section provides necessary protection to creditors and other heirs, devisees or persons entitled to distribution. Any person to whom a universal successor is obligated could pursue any available remedy, e.g., a proceeding to collect a debt or to secure specific performance. By this section, any creditor or other heir, devisee or person entitled to distribution may also demand protection and, if it is not forthcoming, put the estate into administration. This seems adequate to coerce performance from universal successors while assuring creditors their historical preference and other beneficiaries of the estate their rights.