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A Register of Probate is an elected position in some jurisdictions in the United States, such as New Hampshire, [6] Massachusetts, [7] and Maine [8] (part of Massachusetts before 1820). Register of Wills is an elected position in jurisdictions such as Maryland.
Additionally, the UTC incorporated provisions from smaller, more specific uniform acts related to trusts while also superseding some outdated ones (including Article VII of the Uniform Probate Code, the Uniform Prudent Investor Act of 1994, the Uniform Trustee and Powers Act of 1964, and the Uniform Trusts Act of 1937). [2]
The Uniform Probate Code (commonly abbreviated UPC) is a uniform act drafted by National Conference of Commissioners on Uniform State Laws (NCCUSL) governing inheritance and the decedents' estates in the United States.
Probate can be easily avoided with proper planning with a qualified estate planning attorney.” Estates with limited assets may qualify as “small estates” and have fewer requirements.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the state where the deceased resided at the time of their death.
[8] [9] As an example, they point to a 1967 letter from Maine's Indian Affairs Commissioner Edward Hinckley. Section 5 required Maine to set aside $30,000 worth of land for which Massachusetts paid the new state, but, Hinckley noted, no such land was allocated. [8] The section was adopted in 1875, officially as a "decluttering" of the constitution.
Revocable living trusts were often touted and marketed as valuable solely because of their ability to "avoid probate" and the costs and complications that surrounded it. Although probate avoidance is certainly a consideration in the use of a "living trust", there are many other estate planning techniques which also "avoid" probate.
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