Chained to the Title: Why the UPC Should Allow Real Property to Transfer by Small Estate Affidavit

Abstract

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.

Keywords: real property, real estate, property, Uniform Probate Code, probate code, Indiana, UPC, low-value, probate, small estate, decedent, home, estate, nonprobate, transfer on death, deed, title