Pursuant to the Uniform Probate Code (UPC) Section 2-102, the UPC first provides for the surviving spouse to take his/her share of the decedent’s intestate estate. However, the UPC also provides for others to take other than the surviving spouse.
UPC Section 2-103 provides for the share of heirs other than the surviving spouse. UPC Section 2-103 states the following:
(a) Any part of the intestate estate not passing to a decedent’s surviving spouse under Section 2-102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals who survive the decedent:
(1) to the decedent’s descendants by representation;
(2) if there is no surviving descendant, to the decedent’s parents equally if both survive, or to the surviving parent if only one survives;
(3) if there is no surviving descendant or parent, to the descendants of the decedent’s parents or either of them by representation;
(4) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived on both the paternal and maternal sides by one or more grandparents or descendants of grandparents:
(A) half to the decedent’s paternal grandparents equally if both survive, to the surviving paternal grandparent if only one survives, or to the descendants of the decedent’s paternal grandparents or either of them if both are deceased, the descendants taking by representation; and
(B) half to the decedent’s maternal grandparents equally if both survive, to the surviving maternal grandparent if only one survives, or to the descendants of the decedent’s maternal grandparents or either of them if both are deceased, the descendants taking by representation;
(5) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents on the paternal but not the maternal side, or on the maternal but not the paternal side, to the decedent’s relatives on the side with one or more surviving members in the manner described in paragraph (4);
(b) If there is no taker under subsection (a), but the decedent has:
(1) one deceased spouse who has one or more descendants who survive the decedent, the estate or part thereof passes to that spouse’s descendants by representation; or
(2) more than one deceased spouse who has one or more descendants who survive the decedent, an equal share of the estate or part thereof passes to each set of descendants by representation.
Let’s make UPC Section 2-103 a little easier to understand:
(a)(1) Descendants
(a)(2) Parents
(a)(3) First Line Collaterals
(a)(4-5) Grandparents
(a)(4-5) Second Line Collaterals
(b) Certain Stepchildren
UPC Section 2-103 does not provide for intestate succession beyond the second parentelic line. The UPC does not extend inheritance rights to great-grandparents or great aunts, great uncles, or second cousins. The UPC terminates heirship by blood relatives at second line collaterals to avoid the difficulties associated with what are commonly referred to “laughing heirs.”
A “laughing heir” refers to individuals so remotely related to a decedent that they may never have even known of or met the decedent and therefore are likely to laugh at the prospect of a windfall inheritance.
If there are no takers within the first two parentelic lines, UPC Section 2-103(b) names the descendants of any deceased spouse of the decedent, or step-children. Remember, UPC Section 2-103(b) only names the descendants of a deceased spouse will inherit; if a divorced spouse survives, neither the divorced spouse nor the divorced spouse’s descendants inherit.
To avoid an intestate estate and to ensure UPC Section 2-103 does not come into play, it is imperative that you draft a legacy plan. Contact Campanile Law, LLC. today to begin your legacy planning journey.