Trusts and Estates
Professor Venable
spring, 1994
I. Introduction
II. Intestacy
A. Intestate Successors: Spouse and Descendants
1. Introduction
a. Uniform Probate Code
§ 2-210 Intestate Estate (p. 27-28)
If there is no will, then property passes through the
rules of intestacy. A testator may by will expressly
exclude or limit a decedent from receiving property
through intestacy.
§ 2-102 Share of Spouse (p. 29)
Surviving spouse receives:
- total estate if no surviving parent or child (who is
not also a decedent of the surviving spouse)
- the first $200,000 + 75% of remaining estate if a
parent survives
- the first $150,000 + 50% of remaining estate if the
couple had children together and the surviving
spouse has his/her own children who survive
- the first $100,000 + 50% of remaining estate if the
couple had no children and the decedent had
his/her own children who survive
§ 2-102A Community Property Spousal Share (p. 31)
Separate property is distributed as in § 2-102.
"The one-half of community property belonging to
the decedent passes to the [surviving spouse] as the
intestate share."
§ 2-103 Share of Heirs Other than Surviving Spouse (p. 31)
Establishes the order in which estate passes if there
is no surviving spouse:
- descendants by representation
- parents
- parents' descendants (decedent's siblings)
- grandparents; grandparents' descendants
- other relatives
§ 2-105 No Taker
If no taker, then estate passes to the state
§ 2-106 Representation
per capita v. per stirpes
per capita -- treats generations equally
per stirpes -- "by branch"
(modern trend is toward per capital)
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