Faith Elizabeth Alvarez has published her Note, “Chained to the Title: Why the UPC Should Allow Real Property to Transfer by Small Estate Affidavit.”  The abstract reads as follows:

This Note questions whether the Uniform Probate Code must necessarily exclude real property from small estates, and proposes that the UPC adopt a change, similar to Indiana’s deviation, that allows real property to be considered an asset for small estates. This Note also discusses the background of the UPC, the probate process, and the housing market. This note additionally provides an analysis of transferring the title of low-value real property upon death. Finally, this Note provides the contribution of revising the UPC to allow low-value real property to transfer by small estate affidavit.

via Chained to the Title: Why the UPC Should Allow Real Property to Transfer by Small Estate Affidavit by Faith Elizabeth Alvarez :: SSRN.

Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.