NEW PROBATE LAW EFFECTIVE APRIL 1, 2000

The amounts of property heirs of decedents are entitled to receive upon decedent’s death significantly increased April 1. That is because a new probate code – named the Estates and Protected Individuals Code, commonly referred to as EPIC – became effective on that date.

The Estates and Protected Individuals Code changes many rights to property and court procedures existing under the current probate system. The present probate code – known as the Revised Probate Code - is being repealed in its entirety. The substantive rights established in the Revised Probate Code will apply to all estates of decedents who die before April 1, 2000.

Under EPIC the surviving spouse of a decedent receives the first $150,000 of the estate in most cases. This is a substantial increase from the $60,000 granted under the Revised Probate Code. The homestead allowance for surviving spouse and minor children increases from $10,000 to $15,000. They also are entitled to receive personal property of $10,000, a substantial increase from the $3,500 under the prior code.

Many of the set amounts passing to survivors increase with inflation. For example, the surviving spouse’s share of $150,000 will increase with inflation. As of January 1, 2001, this amount has increased to $161,000. This is a major change from the previous code. That amount was $60,000 and became effective in 1979. There had been no increase for over 20 years.

The procedure for probating a decedent estate also changed. An estate administration will be either unsupervised or supervised. The supervision of estates by the court is markedly lessened. The court remains available and responsible for resolving all issues brought to its attention by a person filing a petition.

The changes made by this new probate code should greatly benefit surviving spouses and minor children. Many estates of persons dying after March 31, 2000 should be quickly probated because of the increased surviving spousal rights. An estate of $200,000 could be completed in just a few months. The general public should see considerable benefit from it.

More detailed articles on EPIC can be found on this web page. These articles more fully explain the property passing to the surviving spouse, changes in the making of wills, the new procedures in court, and several other topics of interest. Go to the index of the articles and click on the article of interest.

Other more detailed articles can be found on the Calhoun County Probate Court web site located at: http://calhouncounty.org. That site contains probate notes that give detailed information on the Estates and Protected Individuals Code and a special section on questions and answers regarding this Code.

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