Title 18-C, Article 2: INTESTACY, WILLS AND DONATIVE TRANSFERS

Title 18-C, Article 2: INTESTACY, WILLS AND DONATIVE TRANSFERS

Part 1: INTESTATE SUCCESSION

Subpart 1: GENERAL PROVISIONS

18-C §2-101. Intestate estate

18-C §2-102. Share of spouse

18-C §2-103. Share of heirs other than surviving spouse

18-C §2-104. Requirement of survival by 120 hours; individual in gestation

18-C §2-105. No taker

18-C §2-106. Per capita at each generation

18-C §2-107. Kindred of half blood

18-C §2-108. Advancements

18-C §2-109. Debts to decedent

18-C §2-110. Alienage

18-C §2-111. Dower and curtesy abolished

18-C §2-112. Individuals related to decedent through 2 lines

18-C §2-113. Parent barred from inheriting

Subpart 2: PARENT-CHILD RELATIONSHIP

18-C §2-115. Determination of parentage for purposes of intestate succession

18-C §2-116. Effect of a pending petition

18-C §2-117. Effect of an order granting adoption on adoptee and adoptee's former parents

18-C §2-118. Child born after death of parent

Part 2: ELECTIVE SHARE OF SURVIVING SPOUSE

18-C §2-201. Definitions

18-C §2-202. Elective share

18-C §2-203. Composition of the augmented estate; marital-property portion

18-C §2-204. Decedent's net probate estate

18-C §2-205. Decedent's nonprobate transfers to others

18-C §2-206. Decedent's nonprobate transfers to the surviving spouse

18-C §2-207. Surviving spouse's property and nonprobate transfers to others

18-C §2-208. Exclusions, valuation and overlapping application

18-C §2-209. Sources from which elective share payable

18-C §2-210. Personal liability of recipients

18-C §2-211. Proceeding for elective share; time limit

18-C §2-212. Right of election personal to surviving spouse

18-C §2-213. Waiver of right to elect and of other rights

18-C §2-214. Protection of payors and other 3rd parties

Part 3: SPOUSE AND CHILDREN UNPROVIDED FOR IN WILLS

18-C §2-301. Entitlement of spouse; premarital will

18-C §2-302. Omitted children

Part 4: EXEMPT PROPERTY AND ALLOWANCES

18-C §2-401. Applicable law

18-C §2-402. Homestead allowance

18-C §2-403. Exempt property

18-C §2-404. Family allowance

18-C §2-405. Source, determination and documentation

Part 5: WILLS

18-C §2-501. Who may make a will

18-C §2-502. Execution; holographic wills

18-C §2-503. Self-proved will

18-C §2-504. Who may witness a will

18-C §2-505. Choice of law as to execution

18-C §2-506. Revocation by writing or by act

18-C §2-507. Revocation by change of circumstances

18-C §2-508. Revival of revoked will

18-C §2-509. Incorporation by reference

18-C §2-510. Uniform Testamentary Additions to Trusts Act

18-C §2-511. Events of independent significance

18-C §2-512. Separate writing identifying devise of certain types of tangible personal property

18-C §2-513. Contracts concerning succession

18-C §2-514. Disposition of will deposited with court

18-C §2-515. Duty of custodian of will; liability

18-C §2-516. Penalty clause for contest

18-C §2-517. Statutory wills

Part 6: RULES OF CONSTRUCTION APPLICABLE ONLY TO WILLS

18-C §2-601. Scope

18-C §2-602. Will may pass all property and after-acquired property

18-C §2-603. Antilapse; deceased devisee; class gifts

18-C §2-604. Failure of testamentary provision

18-C §2-605. Increase in securities; accessions

18-C §2-606. Nonademption of specific devises; unpaid proceeds of sale, condemnation or insurance; sale by conservator or agent

18-C §2-607. Nonexoneration

18-C §2-608. Exercise power of appointment

18-C §2-609. Ademption by satisfaction

Part 7: RULES OF CONSTRUCTION APPLICABLE TO WILLS AND OTHER GOVERNING INSTRUMENTS

18-C §2-701. Scope

18-C §2-702. Requirement of survival by 120 hours

18-C §2-703. Choice of law as to meaning and effect of governing instrument

18-C §2-704. Power of appointment; compliance with specific reference requirement

18-C §2-705. Class gifts construed to accord with intestate succession; exceptions

18-C §2-706. Life insurance; retirement plan; account with POD designation; TOD designation; deceased beneficiary

18-C §2-707. Survivorship with respect to future interests under terms of trust; substitute takers

18-C §2-708. Class gifts to "descendants," "issue" or "heirs of the body"; form of distribution if none specified

18-C §2-709. Per capita at each generation; per stirpes or by representation

18-C §2-710. Worthier-title doctrine abolished

18-C §2-711. Interests in "heirs" and like

Part 8: GENERAL PROVISIONS CONCERNING PROBATE AND NONPROBATE TRANSFERS

18-C §2-801. Effect of divorce, annulment and decree of separation

18-C §2-802. Effect of homicide on intestate succession, wills, trusts, joint assets, life insurance and beneficiary designations

18-C §2-803. Effect of criminal conviction on intestate succession, wills, joint assets, beneficiary designations and other property acquisition when restitution is owed to the decedent

18-C §2-804. Revocation of probate and nonprobate transfers by divorce; no revocation by other changes of circumstances

18-C §2-805. Reformation to correct mistakes

18-C §2-806. Modification to achieve transferor's tax objectives

18-C §2-807. Actions for wrongful death

Part 9: UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT

18-C §2-901. Short title

18-C §2-902. Definitions

18-C §2-903. Scope

18-C §2-904. Part supplemented by other law

18-C §2-905. Power to disclaim; general requirements; when irrevocable

18-C §2-906. Disclaimer of interest in property

18-C §2-907. Disclaimer of rights of survivorship in jointly held property

18-C §2-908. Disclaimer of interest by trustee

18-C §2-909. Disclaimer of power of appointment or other power not held in fiduciary capacity

18-C §2-910. Disclaimer by appointee, object or taker in default of exercise of power of appointment

18-C §2-911. Disclaimer of power held in fiduciary capacity

18-C §2-912. Delivery or filing

18-C §2-913. When disclaimer barred or limited

18-C §2-914. Tax qualified disclaimer

18-C §2-915. Recording of disclaimer

18-C §2-916. Application to existing relationships

18-C §2-917. Relation to Electronic Signatures in Global and National Commerce Act

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