Title EPT, Estates, Powers & Trusts

§ 13-4.2 Registration in beneficiary form; sole or joint tenancy ownership Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than as tenants in common, may obtain regist…

§ 13-4.3 Applicable law A security may be registered in beneficiary form if the form is authorized by this or a similar law of the state of organization of the issue or registering entity, the location of the registering entity's principal office, the office of its transfer agent…

§ 13-4.4 Origination of registration in beneficiary form A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all m…

§ 13-4.5 Form of registration in beneficiary form Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD", or by the words "pay on death" or the abbreviation "POD", after the name of the registered owner and before the name of the …

§ 13-4.6 Effect of registration in beneficiary form (a) The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the so…

§ 13-4.7 Ownership on death of owner On death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with a…

§ 13-4.8 Protection of registering entity (a) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in benefic…

§ 13-4.9 Nontestamentary transfer on death (a) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract regarding the registration between the owner and the registering entity and this part and is not testamentary. (b) This part…

§ 13-A-1 Definitions In this article the following terms shall have the following meanings: (a) "Account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods …

§ 13-A-2.1 Applicability (a) This article applies to: (1) a fiduciary acting under a will, trust or power of attorney executed before, on, or after the effective date of this article; (2) an executor, administrator or personal representative acting for a decedent who died before,…

§ 13-A-2.2 User direction for disclosure of digital assets (a) A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the onlin…

§ 13-A-2.3 Terms-of-service agreement (a) This article does not change or impair a right of a custodian or a user under a terms-of-service agreement to access and use digital assets of the user. (b) This article does not give a fiduciary or a designated recipient any new or expan…

§ 13-A-2.4 Procedure for disclosing digital assets (a) When disclosing digital assets of a user under this article, the custodian may at its sole discretion: (1) grant a fiduciary or designated recipient full access to the user's account; (2) grant a fiduciary or designated recip…

§ 13-A-3.1 Disclosure of content of electronic communications of deceased user If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the executor, administrator or personal representati…

§ 13-A-3.2 Disclosure of other digital assets of deceased user Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the executor, administrator or personal representative of the estate of a deceased user a catalogue…

§ 13-A-3.3 Disclosure of content of electronic communications of principal To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the c…

§ 13-A-3.4 Disclosure of other digital assets of principal Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behal…

§ 13-A-3.5 Disclosure of digital assets held in trust when trustee is original user Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, includi…

§ 13-A-3.6 Disclosure of contents of electronic communications held in trust when trustee not original user Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the …

§ 13-A-3.7 Disclosure of other digital assets held in trust when trustee not original user Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of elec…

§ 13-A-3.8 Disclosure of digital assets to guardian of ward (a) After an opportunity for a hearing concerning the appointment or authority of a guardian, the court may grant a guardian access to the digital assets of a ward. (b) Unless otherwise ordered by the court or directed b…

§ 13-A-4.1 Fiduciary duty and authority (a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including: (1) the duty of care; (2) the duty of loyalty; and (3) the duty of confidentiality. (b) A fiduciary's …

§ 13-A-4.2 Custodian compliance and immunity (a) Not later than sixty days after receipt of the information required under sections 13-A-3.1 through 13-A-4.1, a custodian shall comply with a request under this article from a fiduciary or designated recipient to disclose digital a…

§ 13-A-5.1 Relation to electronic signature in global and national commerce act This article modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of s…

§ 13-A-5.2 Severability If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and t…

§ 14-1.1 Schedule of laws repealed; effect of repeal (a) The following are the laws repealed in their entirety, except as specifically noted: Decedent Estate Law........ All General Obligations Law.... Article 5, section 5-701, subdivisions 4, 7 and 8 Personal Property Law...... …

§ 14-2.1 Derivation of the estates, powers and trusts law from other laws EPTL DEL GEN OB PPL RPL SCA 1-1.1 1-1.2 1-1.3 1-1.4 270-a 1-1.5 1-2.1 1-2.2 1-2.3 1-2.4 1-2.5 81,134 1-2.6 1-2.7 1-2.8 1-2.9 1-2.10 1-2.11 47-a,83(9) 1-2.12 1-2.13 1-2.14 47-a,83(10) 1-2.15 1-2.16 1-2.17 1-…

§ 14-2.2 Distribution from other laws to the estates, powers and trusts law DEL EPTL SCPA 2 1-2.19(b) 11 3-1.2 12 3-1.3(a) 14 3-3.1 15 3-1.1 16 3-2.2 17 5-3.3 18 5-1.1(a) 18-a 5-1.1(b) 18-b 5-1.1(c) 19 13-1.4 20 3-3.6,3-4.5 21 3-2.1 22 3-2.1 22-a 3-5.1(c) 23 3-5.1(c) 24 3-5.1(d) …

§ 14-3.1 When act becomes effective This act shall take effect September first, nineteen hundred sixty-seven.

§ 2-1.1 Heirs at law and next of kin defined Whenever used in a statute or instrument, unless a contrary intention is expressed therein, the term "heirs", "heirs at law", "next of kin" or any term of like import means the distributees, as defined in 1-2.5.

§ 2-1.10 Provisions relating to infants and minors (a) Unless the creator expressly provides to the contrary, in any instrument executed prior to September first, nineteen hundred seventy-four, the words "minor", "minority", "infant", "infancy", "majority", "adult" and words of l…

§ 2-1.11 Renunciation of property interests\n (a) A renunciation made in compliance with the provisions of this\nsection shall not necessarily constitute a qualified disclaimer within\nthe meaning of section 2518 of the Internal Revenue Code of 1986, as\namended, or for the purpo…

§ 2-1.12 Credit shelter formula bequests If: (a) the decedent dies after January thirty-first, two thousand; and (b) by reason of the death of the decedent property passes or is acquired from the decedent under a will executed or a trust created prior to February first, two thous…

§ 2-1.13 Certain formula clauses to be construed to refer to the federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after December thirty-first, two thousand nine and before January first, two thousand eleven (a)(1) If by reason of t…

§ 2-1.14 Right to recover state estate and gift taxes where decedent\n retained interest\n (a)(1) If any part of the gross tax estate on which tax has been paid\nconsists of the value of property included in the gross estate by reason\nof section two thousand thirty-six of the in…

§ 2-1.15 Consequences of partly ineffective dispositions of trust principal to two or more beneficiaries Whenever the remainder of a lifetime or testamentary trust passes, whether outright or in further trust, to two or more designated beneficiaries, and such remainder is ineffec…

§ 2-1.2 Issue to take per capita, per stirpes or by representation (a) Instruments executed prior to September first, nineteen hundred ninety-two. Whenever a disposition of property is made to "issue", such issue, if in equal degree of consanguinity to their common ancestor, take…

§ 2-1.3 Adopted children and posthumous children as members of a class (a) Unless the creator expresses a contrary intention, a disposition of property to persons described in any instrument as the issue, children, descendants, heirs, heirs at law, next of kin, distributees (or b…

§ 2-1.4 Words of inheritance unnecessary The word "heirs" or words of inheritance of like import are not necessary to create or dispose of a fee.

§ 2-1.5 Advancements and their adjustment (a) An advancement is an irrevocable gift intended by the donor as an anticipatory distribution in complete or partial satisfaction of the interest of the donee in the donor's estate, either as distributee in intestacy or as beneficiary u…

§ 2-1.6 Disposition of property where a person dies within one hundred twenty hours of another person or any other event (a) Except as provided in paragraph (b) of this section: (1) Where, under articles 4 and 5 of this chapter, the title to property or the devolution of property…

§ 2-1.7 Presumption of death from absence; effect of exposure to specific peril (a) A person who is absent for a continuous period of three years, during which, after diligent search, he or she has not been seen or heard of or from, and whose absence is not satisfactorily explain…

§ 2-1.8 Apportionment of federal and state estate or other death taxes;\n fiduciary to collect taxes from property taxed and transferees\n thereof\n (a) Whenever it appears in any appropriate action or proceeding that a\nfiduciary has paid or may be required to pay an estate or o…

§ 2-1.9 Distributions in kind by executors and trustees (a) (1) As used in this section, the terms "pecuniary disposition" and "transfer in trust of a pecuniary amount" mean, respectively, a disposition by will or a transfer under a trust agreement of a specific amount of money, …

§ 3-1.1 Who may make wills of, and exercise testamentary powers of appointment over property Every person eighteen years of age or over, of sound mind and memory, may by will dispose of real and personal property and exercise a power to appoint such property.

§ 3-1.2 What property may be disposed of by will Every estate in property may be devised or bequeathed.

§ 3-1.3 Who may receive testamentary dispositions of property; testamentary dispositions to unincorporated associations (a) A testamentary disposition of property may be made to any person having capacity to acquire and hold such property. (b) When a will disposes of property to …

§ 3-2.1 Execution and attestation of wills; formal requirements (a) * Except for nuncupative and holographic wills authorized by 3-2.2, every will must be in writing, and executed and attested in the following manner: * NB Effective until December 12, 2027 * Except for nuncupativ…

§ 3-2.2 Nuncupative and holographic wills (a) For the purposes of this section, and as used elsewhere in this chapter: (1) A will is nuncupative when it is unwritten, and the making thereof by the testator and its provisions are clearly established by at least two witnesses. (2) …

§ 3-3.1 What a testamentary disposition includes Unless the will provides otherwise, a disposition by the testator of all his property passes all of the property he was entitled to dispose of at the time of his death.