Article on Why the UPC Should Allow Real Property to Transfer by Small Estate Affidavit

Faith Elizabeth Alvarez (Valparaiso University Law School) recently published an article entitled, Chained to the Title: Why the UPC Should Allow Real Property to Transfer by Small Estate Affidavit, September 26, 2014. Provided below is the abstract from SSRN:

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.