The Uniform Probate Code

The National Conference of Commissioners on Uniform State Laws began to formulate a uniform standard for probate laws in 1964. By 1969, this organization, with help from the American Bar Association, completed their Uniform Probate Code. This code was aimed at reducing differences between state laws by providing a single template for dealing with problems related to estate plans and other probate issues.

When the plan was published, it was originally adopted by a minority of states. In these states, the UPC has been adopted in its entirety. However, this does not mean that each state has exactly the same interpretation of UPC laws. Depending on that state’s other laws and regulations, there can still be significant differences.

In most other states, the Uniform Probate Code has not been adopted in its entirety. In these states, pieces of the UPC appear in these states’ probate laws. These state laws mostly still pass laws that address the attitudes of their citizens or operate off of laws that pre-dated the Uniform Probate Code. Common law probate regulations can also determine a state’s probate laws.

Although the Uniform Probate Code has simplified some probate codes in various states, it has largely failed to produce a completely uniform system even across states that support the UPC.

If you need to put together an estate plan, we may be able to help. To learn more about Texas probate laws, contact a wills and trusts attorney. An attorney can help you ensure your will stands up to any contentions or other issues that may arise after your passing.