Probate, Wills & Trusts — Law Library

Statutes & Rules

Uniform Probate Code (Uniform Probate Code (UPC))

A model law adopted in whole or part by many states that streamlines probate administration and governs intestate succession, wills, and trusts.

Uniform Trust Code (Uniform Trust Code (UTC))

Adopted by over 35 states; provides a comprehensive framework for the creation, administration, and termination of trusts.

Federal Estate Tax (26 U.S.C. § 2001 et seq.)

Imposes a federal tax on the transfer of a decedent's taxable estate; the 2024 exemption is $13.61 million per individual.

Stepped-Up Basis (26 U.S.C. § 1014)

Inherited assets receive a new cost basis equal to the fair market value at the date of death, often eliminating capital gains tax on appreciation during the decedent's lifetime.

State Probate Codes (All 50 States — State Probate Codes)

Every state has its own probate code governing wills, intestate succession, and estate administration. Key examples: CA Prob. Code § 21100 (CA); Tex. Est. Code § 201.001 (TX); EPTL § 4-1.1 (NY); S.C. Code § 62-2-101 (SC); Fla. Stat. § 732.101 (FL); 755 ILCS 5 (IL); O.R.C. § 2107.01 (OH); RCW § 11.12 (WA); Colo. Rev. Stat. § 15-11-101 (CO); Mich. Comp. Laws § 700.2101 (MI). All are modeled on or derived from the Uniform Probate Code.

Landmark Cases

• In re Estate of Rothko, 84 Misc.2d 830 (N.Y. Sur. Ct.) (1975) — Landmark fiduciary duty case in which executors were removed and surcharged for self-dealing; established the high standard of loyalty owed by estate executors.
• Hodel v. Irving, 481 U.S. 704 (1987) — A statute that abolished the right to pass property by descent or devise constituted an unconstitutional taking under the Fifth Amendment.
• Bosch v. Commissioner, 387 U.S. 456 (1967) — Federal courts are not bound by state trial court determinations on state law questions in estate tax cases; Supreme Court or highest state court decisions are authoritative.
• In re Gardiner, 42 P.3d 120 (Kan. Ct. App.) (2002) — Addresses the rights of transgender heirs in probate proceedings; courts must construe ambiguous will language in light of the testator's intent.

Key Terms

Testate

Dying with a valid will in place.

Intestate

Dying without a will; the estate passes according to state intestacy statutes.

Probate

The court-supervised process of authenticating a will, paying debts, and distributing assets to beneficiaries.

Executor / Personal Representative

The person named in a will (or appointed by the court) to administer the estate.

Trustee

A person or institution that holds and manages trust assets for the benefit of the beneficiaries.

Beneficiary

A person or entity entitled to receive assets from a will, trust, or other estate plan.

Revocable Living Trust

A trust created during the grantor's lifetime that can be modified or revoked; avoids probate and allows for private asset transfer.

Pour-Over Will

A will that directs any assets not already in a trust to 'pour over' into the trust at death.

Intestate Succession

The order in which heirs inherit when there is no will, set by state statute (typically spouse, then children, then parents, etc.).

Letters Testamentary

A court document authorizing the executor to act on behalf of the estate.