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Atticus infographic map highlighting U.S. states that adhere to Uniform Probate Code for probate laws

What is the Uniform Probate Code

Atticus infographic map highlighting U.S. states that adhere to Uniform Probate Code for probate laws
Aaron Schnoor
Industry Contributor
Last updated: 
July 25, 2022
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Probate is rarely simple.

As we’ve outlined in our Beginner’s Guide to Probate, the estate settlement process is complex, expensive, and time consuming.

To make matters worse, the rules surrounding the probate process vary from state to state. The statutes that govern probate in one state might not apply in another state.

Wouldn’t it be easier if all 50 states in the US just adopted the same probate laws? Well, that question has sparked an ongoing conversation for nearly 60 years.

In fact, it was that question that ultimately led to the creation of the Uniform Probate Code.

‍So What is the Uniform Probate Code?

The Uniform Probate Code (commonly known as “UPC”) is a legal act designed to streamline and simplify the probate process by ensuring that probate laws remain consistent between states.

Although it was originally intended to be adopted by all 50 states in the US, only 18 states have adopted the UPC in its entirety. 

The remaining 32 states have only adopted fragments and pieces of the UPC—or none at all.

Uniform Probate Code: a breakdown

  • The UPC is an act that governs probate laws.
  • Only 18 states have adopted the UPC in its entirety.
  • 32 states have only adopted fragments and pieces of the UPC.
  • The UPC was originally drafted in 1964 and finalized in 1969.
  • The UPC has been updated periodically, with the latest update occurring in 2019.
  • The UPC has 8 articles surrounding the probate process.
  • Those 8 UPC articles are broken down into detailed subsections.

The history of the Uniform Probate Code

In 1964, the National Conference of Commissioners on Uniform State Laws (NCCUSL) began drafting the UPC to standardize probate law among states.

The NCCUSL, also called the Uniform Law Commission (UCL) was originally founded in 1892 as a nonprofit, unincorporated association with the intent of drafting acts that would standardize laws between US states. The NCCUSL would research and draft the acts, and then each US state would have the opportunity to introduce the act into state law as a statute.

Before the NCCUSL began drafting the UPC in 1964, probate laws differed widely between states. Some states had clear restrictions, deadlines, and rules on probate. But other states had minimal rules and regulations surrounding probate. 

There were no leading rules, so the entire process was confusing for estate executors. 

After 5 years of thorough research, the UPC was finalized and introduced in 1969. States were given the option to accept the UPC as statutory law or take certain fragments or provisions from the act.

After 1969, states were initially slow to adopt the UPC. Over time, a handful of states slowly began to revise their statutory provisions to adopt the UPC in its entirety.

As of 2022, 18 states have adopted the UPC in its entirety (see list below). 

The remaining 32 states have adopted certain provisions from the UPC but have also added their own statutes to the probate process.

The end result? The probate process is now governed by similar statutes between all 50 states. Although many states still have slightly different probate statutes, the probate process is less confusing than it was prior to 1969.

Atticus infographic map highlighting U.S. states that adhere to Uniform Probate Code for probate laws

States that follow the UPC in its entirety

The following 18 states have completely adopted the UPC:

  1. Alaska
  2. Arizona
  3. Colorado
  4. Georgia
  5. Hawaii
  6. Idaho
  7. Maine
  8. Massachusetts
  9. Michigan
  10. Minnesota
  11. Montana
  12. Nebraska
  13. New Jersey
  14. New Mexico
  15. North Dakota
  16. South Carolina
  17. South Dakota
  18. Utah

States that don’t follow the UPC in its entirety

The following 32 states have only adopted some or none of the UPC:

  1. Alabama
  2. Arkansas
  3. California
  4. Connecticut
  5. Delaware
  6. Florida
  7. Illinois
  8. Indiana
  9. Iowa
  10. Kansas
  11. Kentucky
  12. Louisiana
  13. Maryland
  14. Mississippi
  15. Missouri
  16. Nevada
  17. New Hampshire
  18. New York
  19. North Carolina
  20. Ohio
  21. Oklahoma
  22. Oregon
  23. Pennsylvania
  24. Rhode Island
  25. Tennessee
  26. Texas
  27. Vermont
  28. Virginia
  29. Washington
  30. West Virginia
  31. Wisconsin
  32. Wyoming

Breaking down the Uniform Probate Code

Before we begin taking a look at the UPC in depth, it’s important to note that the UPC has changed slightly since its creation in 1969. 

There have been slight amendments to the UPC over the past 50 years—even as recently in 2019—but for the sake of clarity we’ll focus primarily on the original UPC.

The original 1969 UPC simplified the probate process by dividing probate law into 8 major components.

The 8 Uniform Probate Code articles

Those 8 major components, or articles, consisted of the following:

  1. ‍Article I. General Provisions, Definitions, and Probate Jurisdiction of Court
  2. Article II. Intestate Succession and Wills
  3. Article III. Probate of Wills and Administration
  4. Article IV. Foreign Personal Representatives; Ancillary Administration
  5. Article V. Protection of Persons Under Disability and Their Property
  6. Article VI. Non-Probate Transfers
  7. Article VII. Trust Administration
  8. Article VIII. Effective Date and Repealer

To add a bit of complexity to the UPC, each of those 8 articles is broken down into subsections, or parts.

Here are the parts that fall under each article:

  1. Article I. General provisions, definitions, and probate jurisdiction of court
    1. Part 1. Short title, construction, general provisions.
    2. Part 2. Definitions
    3. Part 3. Scope, jurisdiction and courts
    4. Part 4. Notice, parties and representation in estate litigation and other matters
  2. Article II. Intestate Successions and Wills
    1. Part 1. Intestate succession
    2. Part 2. Elective share of surviving spouse
    3. Part 3. Spouse and children unprovided for in wills
    4. Part 4. Exempt property and allowances
    5. Part 5. Wills
    6. Part 6. Rules of construction
    7. Part 7. Contractual arrangements relating to death
    8. Part 8. General provisions
    9. Part 9. Custody and deposit of wills
  3. Article III. Probate of wills and administration
    1. Part 1. General provisions
    2. Part 2. Venue for probate and administration; priority to administer; demand for notice
    3. Part 3. Informal probate and appointment proceedings
    4. Part 4. Formal testacy and appointment proceedings
    5. Part 5. Supervised administration
    6. Part 6. Personal Representative; appointment, control and termination of authority
    7. Part 7. Duties and powers of personal representatives
    8. Part 8. Creditors’ claims
    9. Part 9. Special provisions relating to distribution
    10. Part 10. Closing estates
    11. Part 11. Compromise of controversies
    12. Part 12. Collection of personal property by affidavit and summary administration procedure for small estates
  4. Article IV. Foreign personal representatives; ancillary administration
    1. Part 1. Foreign personal representatives; ancillary administration
    2. Part 2. Powers of foreign personal representatives
    3. Part 3. Jurisdiction over foreign representatives
    4. Part 4. Judgements and personal representative
  5. Article V. Protection of persons under disability and their property
    1. Part 1. General provisions
    2. Part 2. Guardians of minors
    3. Part 3. Guardians of incapacited persons
    4. Part 4. Protection of property of persons under disability and minors
    5. Part 5. Powers of duty
  6. Article VI. Non-probate transfers
    1. Part 1. Multiply-party accounts
    2. Part 2. Provisions relating to effect of death
  7. Article VII. Trust administration
    1. Part 1. Trust registration
    2. Part 2. Jurisdiction of court concerning trusts
    3. Part 3. Duties and liabilities of trustees
  8. Article VIII. Effective date and repealer

Benefits of the Uniform Probate Code

Why would a state adopt the Uniform Probate Code? There are a handful of reasons, but the UPC is useful for 3 main reasons:

  1. The Uniform Probate Code streamlines the probate process
  2. The Uniform Probate Code makes probate easier for the executor or executrix
  3. The Uniform Probate Code can ultimately save probate costs

Let’s take a look at those three benefits in more detail:

The UPC streamlines the probate process

The purpose of the UPC is to provide one set of probate laws that all states can adopt. This means that the differences in probate laws between states are reduced to a minimum.

As a result of the UPC, the probate process is streamlined among states that have adopted the UPC statutes. 

The UPC makes probate easier for executors

If you’re familiar with the probate laws of a UPC-adopting state but then move to another state—or have to administer an estate in another state—you may have a difficult time adjusting to the probate statutes in the new state. 

If that new state has also adopted the UPC, however, then the probate statutes won’t be very different at all. You likely won’t have trouble adjusting from one state to the next if both states follow the same statutes.

The UPC can ultimately save probate costs

The end result of the UPC is that the probate process is simpler, more efficient, and less costly among states that have adopted the UPC.

An executor can spend thousands of dollars consulting with probate lawyers to navigate a state’s tricky probate statutes. With the UPC, however, potentially complicated statutes are simplified into 8 comprehensive articles.

In addition, more resources are available to assist executors through the probate process in UPC states than non-UPC states. Because the UPC has been adopted by 18 states, there are a wide variety of tools available that help the executor navigate through the UPC. Those same tools or resources are likely not available for specific states that don’t follow the UPC.

Finding the Uniform Probate Code

If you live in a state that follows the UPC, you might be thinking the following:

🤔 Where can I find the Uniform Probate Code?

Nearly every state has published their probate statutes online to their state government website. Some states’ statutes might be more difficult to find in digital form than others, but all statutes are generally available online in some shape or fashion.

And to help you out, we’ve compiled a state-by-state list of probate statutes (including non-UPC states) below.

Or, if you want to read the original 1969 Uniform Probate Code offered by the Uniform Law Commission, you can download it from their website here.

Non-Uniform Probate Code States

Another common question that executors often ask often goes like this:

My state doesn’t follow the Uniform Probate Code. What are the state’s probate laws?

If your state doesn’t follow the Uniform Probate Code— don’t worry. You can still find the state’s probate statutes online, usually through the state’s local government website.

Here are links to the relevant probate laws for all 50 states:

State by state guide to probate laws

Alabama Probate Laws
Alaska Probate Laws

Arizona Probate Laws

Arkansas Probate Laws

California Probate Laws

Colorado Probate Laws

Connecticut Probate Laws

Delaware Probate Laws

Florida Probate Laws

Georgia Probate Laws

Hawaii Probate Laws

Idaho Probate Laws

Illinois Probate Laws

Indiana Probate Laws

Iowa Probate Laws

Kansas Probate Laws

Kentucky Probate Laws

Louisiana Probate Laws

Maine Probate Laws

Maryland Probate Laws

Massachusetts Probate Laws

Michigan Probate Laws

Minnesota Probate Laws

Mississippi Probate Laws

Missouri Probate Laws

Montana Probate Laws

Nebraska Probate Laws

Nevada Probate Laws

New Hampshire Probate Laws

New Jersey Probate Laws

New Mexico Probate Laws

New York Probate Laws

North Carolina Probate Laws

North Dakota Probate Laws

Ohio Probate Laws

Oklahoma Probate Laws

Oregon Probate Laws

Pennsylvania Probate Laws

Rhode Island Probate Laws

South Carolina Probate Laws

South Dakota Probate Laws

Tennessee Probate Laws

Texas Probate Laws

Utah Probate Laws

Vermont Probate Laws

Virginia Probate Laws

Washington Probate Laws

Washington, D.C. Probate Laws

West Virginia Probate Laws

Wisconsin Probate Laws

Wyoming Probate Laws

‍

The Bottom Line on the Uniform Probate Code (UPC)

The Uniform Probate Code (or UPC) didn’t create the national standard it hoped to, but it definitely helped a great deal.

There are 18 states that adopted and adhere to the Uniform Probate code in its entirety, and 32 who have adopted parts of it or perhaps none at all. And remember: you need to follow the probate laws in the state the deceased was domiciled (permanently resided)— not necessarily where you live. For a complete list of responsibilities and other tips like this that are really useful, check out our guide for: How to Succeed as an Executor. 

That's it for our guide to Uniform Probate Code, but please drop us a note below if you have particular questions about the Uniform Probate Code or something related to the probate process you're currently navigating— and be sure to let us know which state you're going through probate in.

And for even faster help, check out our probate software which helps provide individualized guidance and access to countless helpful resources along the way.

Either way, keep us posted on your progress by leaving a quick comment below!

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Atticus infographic map highlighting U.S. states that adhere to Uniform Probate Code for probate laws
In collaboration with
Aaron Schnoor

Aaron Schnoor is an Assistant Vice President and Trust Officer at Wells Fargo Wealth Management.

Aaron received his undergraduate degree in Trust and Wealth Management from Campbell University in North Carolina, along with a minor in Financial Planning. Aaron continued his education with an MBA in Financial Services, also from Campbell University.

Aaron frequently writes as an industry expert on fiduciary topics related to trusts, estate settlement and generational wealth management. His work has appeared in The New York Times, Forbes, the Trust Education Foundation and many other publications.

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