Also known as: 2-205 · UCC 2-205 · UCC § 2-205 · firm offer · firm offers
Written by attorneys · grounded in primary & secondary sources — see below
A provision of the Uniform Probate Code that identifies categories of nonprobate transfers by the decedent included in the augmented estate when calculating a surviving spouse's elective share.
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Simon Stern died owning a joint bank account with his spouse Serena Soto. The personal representative calculated the augmented estate for Serena's elective share. The account balance was fixed immediately before Simon's death under the applicable valuation rule for co-owned property.
After applying the marital-property portion of the augmented estate, Samuel Soto's elective share remained unsatisfied. The personal representative applied the net probate estate and certain nonprobate transfers first, apportioning liability among recipients in proportion to their interests.
Santiago Sanchez died leaving a funded revocable trust that directed the remainder to his children. His surviving spouse Simone Sanders claimed an elective share. The personal representative included the trust remainders in the augmented estate as nonprobate transfers to others while excluding certain insurance proceeds under the statutory exception.
Proceeds of insurance that would have been included in the surviving spouse's nonprobate transfers to others are not valued as if the spouse were deceased for purposes of the augmented estate calculation.
Supporting sources
The decedent's net probate estate and specified nonprobate transfers are applied first, with liability apportioned among recipients in proportion to the value of their interests.
Supporting sources