Chapter 560 — Chapter 560

§560:2-515 Reserved.

PART 6. RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS §560:2-601 Scope. In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a will. [L 1996, c 288, pt of §1]

§560:2-603 Antilapse; deceased devisee; class gifts. (a) Definitions. In this section: "Alternative devise" means a devise that is expressly created by the will and, under the terms of the will, can take effect instead of another devise on the happening of one or more events, inc…

§560:2-606 Nonademption of specific devises; unpaid proceeds of sale, condemnation, or insurance; sale by conservator or agent. (a) A specific devisee shall have a right to the specifically devised property in the testator's estate at death and: (b) If specifically devised proper…

PART 7. RULES OF CONSTRUCTION APPLICABLE TO WILLS AND OTHER GOVERNING INSTRUMENTS §560:2-701 Scope. In the absence of a finding of a contrary intention, the rules of construction in this part control the construction of a governing instrument. The rules of construction in this pa…

§560:2-706 Life insurance; retirement plan; transfer-on-death registration; deceased beneficiary. (a) Definitions. In this section: "Alternative beneficiary designation" means a beneficiary designation that is expressly created by the governing instrument and, under the terms of …

§560:2-707 Survivorship with respect to future interests under terms of trust; substitute takers. (a) Definitions. In this section: "Alternative future interest" means an expressly created future interest that can take effect in possession or enjoyment instead of another future i…

§560:2-709 Representation; per capita at each generation; per stirpes. (a) Definitions. In this section: "Deceased child" or "deceased descendant" means a child or a descendant who either predeceased the distribution date or is deemed to have predeceased the distribution date und…

PART 8. GENERAL PROVISIONS CONCERNING PROBATE AND NONPROBATE TRANSFERS §560:2-801 REPEALED. L 2000, c 43, §3.

§560:2-803 Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance, and beneficiary designations. (a) Definitions. In this section: "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a benefi…

§560:2-804 Revocation of probate and nonprobate transfers by divorce or termination of reciprocal beneficiary relationship; no revocation by other changes of circumstances. (a) Definitions. In this section: "Disposition or appointment of property" includes a transfer of an item o…

PART 9. STATUTORY RULE AGAINST PERPETUITIES; HONORARY TRUSTS §§560:2-901 to 560:2-907 Reserved.

PART 10. CLOSING ESTATES §560:3-1001 Formal proceedings terminating administration; testate or intestate; order of general protection. (a) A personal representative or any interested person may petition for an order of complete settlement of the estate. The personal representativ…

ARTICLE III [OLD] PROBATE OF WILLS AND ADMINISTRATION §§560:3-101 to 560:3-1215 REPEALED. L 1996, c 288, pt of §6. ARTICLE III PROBATE OF WILLS AND ADMINISTRATION PART 1. GENERAL PROVISIONS §560:3-101 Devolution of estate at death; restrictions. The power of a person to leave pro…

§560:3-102 Necessity of order of probate for will. Except as provided in section 560:3-1201, to be effective to prove the transfer of any property or to nominate an executor, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication …

§560:3-103 Necessity of appointment for administration. Except as otherwise provided in article IV, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person must be appointed by order of the court or registrar, qualify an…

PART 11. COMPROMISE OF CONTROVERSIES §560:3-1101 Effect of approval of agreements involving trusts, inalienable interests, or interests of third persons. A compromise of any controversy as to admission to probate of any instrument offered for formal probate as the will of a deced…

PART 12. COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND SUMMARY ADMINISTRATION PROCEDURE FOR SMALL ESTATES §560:3-1201 Collection of personal property by affidavit. (a) Any person indebted to the decedent or having possession of tangible personal property or an instrument evide…

§560:3-1205 Estates of $100,000 or less; clerk of court to administer. If a person dies leaving property in this State of a total value not exceeding $100,000, and a personal representative of the estate has not been appointed in the State, the clerk of the court of the judicial …

§560:3-1213 Reserved.

PART 2. VENUE FOR PROBATE AND ADMINISTRATION; PRIORITY TO ADMINISTER; DEMAND FOR NOTICE §560:3-201 Venue for first and subsequent estate proceedings; location of property. (a) Venue for the first informal or formal testacy or appointment proceedings after a decedent's death is: (…

PART 3. INFORMAL PROBATE AND APPOINTMENT PROCEEDINGS §560:3-301 Informal probate or appointment proceedings; application; contents. (a) Applications for informal probate or informal appointment shall be directed to the registrar, and verified by the applicant to be accurate and c…

§§560:3-312 to 560:3-322 Reserved.

PART 4. FORMAL TESTACY AND APPOINTMENT PROCEEDINGS §560:3-401 Formal testacy proceedings; nature; when commenced. (a) A formal testacy proceeding is litigation to determine whether a decedent left a valid will. A formal testacy proceeding may be commenced by an interested person …

PART 5. SUPERVISED ADMINISTRATION §560:3-501 Supervised administration; nature of proceeding. Supervised administration is a single in rem proceeding to secure complete administration and settlement of a decedent's estate under the continuing authority of the court which extends …

PART 6. PERSONAL REPRESENTATIVE; APPOINTMENT, CONTROL, AND TERMINATION OF AUTHORITY §560:3-601 Qualification. Prior to receiving letters, a personal representative shall qualify by filing with the appointing court any required bond and a statement of acceptance of the duties of t…

PART 7. DUTIES AND POWERS OF PERSONAL REPRESENTATIVES §560:3-701 Time of accrual of duties and powers. The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed wh…

§560:3-704 Personal representative to proceed without court order; exception. A personal representative shall proceed expeditiously with the settlement and distribution of a decedent's estate and, except as otherwise specified or ordered in regard to a supervised personal represe…

PART 8. CREDITORS' CLAIMS §560:3-801 Notice to creditors. (a) Unless notice has already been given under this section, a person applying or petitioning for appointment of a personal representative or probate of a will or declaration of an intestacy may publish a notice to credito…

§560:3-805 Classification of claims. (a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: (b) No preference shall be given in the payment of any claim over any other claim of …

PART 9. SPECIAL PROVISIONS RELATING TO DISTRIBUTION §560:3-901 Successors' rights if no administration. In the absence of administration, the heirs and devisees are entitled to the estate in accordance with the terms of a probated will or the laws of intestate succession. Devisee…

§560:3-905 Penalty clause for contest. A provision in a will or trust purporting to penalize any interested person for contesting the will or trust or instituting other proceedings relating to the probate or trust estate is unenforceable if probable cause exists for instituting p…

§560:3-914 Disposition of unclaimed assets. When any real or personal property remains in the hands of the personal representative or trustee, after payment in the order specified in section 560:3-805, and no heirs, devisees, or claimants of the decedent, or beneficiaries of a tr…

§560:3-916 REPEALED. L 2023, c 158, §47.

ARTICLE IV [OLD] FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION §§560:4-101 to 560:4-401 REPEALED. L 1996, c 288, pt of §6. ARTICLE IV FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION PART 1. DEFINITIONS §560:4-101 Definitions. In this article: "Local admini…

PART 2. POWERS OF FOREIGN PERSONAL REPRESENTATIVES §560:4-201 Payment of debt and delivery of property to domiciliary foreign personal representative without local administration. At any time after the expiration of sixty days from the death of a nonresident decedent, any person …

§560:4-207 Ancillary and other local administrations; provisions governing. In respect to a nonresident decedent, the provisions of article III of this chapter govern:

PART 3. JURISDICTION OVER FOREIGN REPRESENTATIVES §560:4-301 Jurisdiction by act of foreign personal representative. A foreign personal representative submits personally to the jurisdiction of the courts of this State in any proceeding relating to the estate by: Jurisdiction unde…

ARTICLE V GUARDIANSHIP AND PROTECTIVE PROCEEDINGS PART 1. [OLD] GENERAL PROVISIONS--REPEALED §§560:5-101 to 560:5-105 REPEALED. L 2004, c 161, §37. PART 1. GENERAL PROVISIONS §560:5-101 Short title. Parts 1 through 4 of this article may be cited as the Uniform Guardianship and Pr…

§560:5-102 Definitions. In parts 1 through 4 of this article: "Conservator" means a person who is appointed by a court to manage the estate of a protected person. The term includes a limited conservator. "Court" means either a circuit court in this State having jurisdiction in ma…

§560:5-103 Reserved.

§560:5-104 Facility of transfer. (a) Unless a person required to transfer money or personal property to a minor knows that a conservator has been appointed or that a proceeding for appointment of a conservator of the estate of the minor is pending, the person may do so, as to an …

§560:5-105 Delegation of power by parent or guardian. A parent or guardian of a minor or incapacitated person, by a power of attorney, may delegate to another person for a period not exceeding one year, which time limit shall be expressly stated in the document, any power regardi…

§560:5-106 Subject matter jurisdiction. This article applies to, and the court has jurisdiction over, guardianship and related proceedings for individuals domiciled or present in this State, protective proceedings for individuals domiciled in or having property located in this St…

§560:5-107 Transfer of jurisdiction. (a) After the appointment of a guardian or conservator or entry of any other protective order, the court making the appointment or entering the order may transfer the proceeding to a court in another circuit in this State or to another state i…

§560:5-108 Venue. (a) Venue for a guardianship proceeding for a minor is in the circuit of this State in which the minor resides or is present at the time the proceeding is commenced. (b) Venue for a guardianship proceeding for an incapacitated person: Venue for the appointment o…

§560:5-109 Practice in court. (a) Except as otherwise provided in this article: (b) If guardianship and protective proceedings as to the same individual are commenced or pending in the same circuit, the proceedings may be consolidated. [L 2004, c 161, pt of §1]

§560:5-110 Letters of office. Upon the guardian's filing of an acceptance of office, the court shall issue appropriate letters of guardianship. Upon the conservator's filing of an acceptance of office and any required bond, the court shall issue appropriate letters of conservator…

§560:5-111 Effect of acceptance of appointment. By accepting appointment, a guardian or conservator submits personally to the jurisdiction of the court in any proceeding relating to the guardianship or conservatorship. The petitioner shall send or deliver notice of any proceeding…

§560:5-112 Termination of or change in guardian's or conservator's appointment. (a) The appointment of a guardian or conservator terminates upon the death, resignation, or removal of the guardian or conservator or upon termination of the guardianship or conservatorship. A resigna…