Title 15, UNIFORM PROBATE CODE

15-2-603. Rules of construction and intention. The intention of a testator as expressed in his will controls the legal effect of his dispositions. The rules of construction expressed in the succeeding sections of this Part apply unless a contrary intention is indicated by the wil…

15-2-604. Construction that will passes all property — After-acquired property. A will is construed to pass all property which the testator owns at his death including property acquired after the execution of the will.

15-2-605. Anti-lapse — Deceased devisee — Class gifts. If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he predeceased the testator, the issue…

15-2-606. Failure of testamentary provision. (a) Except as provided in section 15-2-605 of this Part, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue. (b) Except as provided in section 15-2-605 of this Part, if the residue is devis…

15-2-607. Change in securities — Accessions — Nonademption. (a) If the testator intended a specific devise of certain securities rather than the equivalent value thereof, the specific devisee is entitled only to: (1) as much of the devised securities as is a part of the estate at…

15-2-608. Nonademption of specific devises in certain cases — Unpaid proceeds of sale, condemnation or insurance — Sale by conservator. (a) A specified devisee has the right to the remaining specifically devised property and: (1) Any balance of the purchase price (together with a…

15-2-609. Nonexoneration. A specific devise passes subject to any security interest existing at the date of death, without right of exoneration, regardless of a general directive in the will to pay debts.

15-2-610. Exercise of power of appointment. A general residuary clause in a will, or a will making general disposition of all of the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some …

15-2-611. Construction of generic terms to accord with relationships as defined for intestate succession. Half bloods, adopted persons and persons born out of wedlock are included in class gift terminology and terms of relationship in accordance with rules for determining relatio…

15-2-612. Ademption by satisfaction. Property which a testator gave in his lifetime to a person is treated as a satisfaction of a devise to that person in whole or in part, only if the will provides for deduction of the lifetime gift, or the testator declares in a contemporaneous…

15-2-613. Simultaneous death — Disposition of property. Subject to extension by the provisions of section 15-2-104 and section 15-2-601 of this code, where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the …

15-2-614. Effect of devise. Every devise in any will conveys all of the estate of the devisor therein which he could lawfully devise, unless it clearly appears by the will that he intended to convey a lesser estate.

15-2-616. Restriction on devises to nursing home or residential or assisted living facility operators. A devise or bequest involving either real or personal property, directly or indirectly, to any person who owns, operates or is employed at a nursing home, residential or assiste…

15-2-701. Contracts concerning succession. A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after the effective date of this act, can be established only by (1) provisions of a will stating material provisions of the contrac…

15-2-801. Renunciation. (1)(a) A person or the representative of an incapacitated or unascertained person who is an heir, devisee, person succeeding to a renounced interest, donee, beneficiary under a testamentary or nontestamentary instrument, donee of a power of appointment, gr…

15-2-802. Effect of divorce, annulment, and decree of separation. (a) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, he is married to the decedent at the tim…

15-2-803. Effect of homicide on distribution at death. (a) (1) "Slayer" shall mean any person who participates, either as principal or as an accessory before the fact, in the wilful and unlawful killing of any other person. (2) "Decedent" shall mean any person whose life is so ta…

15-2-804. revocation of probate and nonprobate transfers by divorce — no revocation by other changes of circumstances. (a) Definitions. In this section: (1) "Disposition or appointment of property" includes a transfer of an item of property or any other benefit to a beneficiary d…

15-2-902. Duty of custodian of will — Liability. After the death of the testator, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court. Any person who w…