Document Type
Article
Publication Date
2025
Publication
ACTEC Law Journal
Volume
50
Abbreviation
ACTEC L.J.
First Page
139
Abstract
This Article analyzes how inheritance law treats debts owed to and by a decedent, focusing on the Uniform Probate Code’s treatment of unpaid purchase-price balances associated with specifically devised property. While UPC §2‑606(a)(1) automatically gives the outstanding balance to the specific devisee, the Article argues that this rule is inconsistent with modern intent‑based ademption doctrine and with the Code’s treatment of debts owed by the estate. It contends that only outstanding balances secured by the devised asset reflect a meaningful connection to the testator’s likely intent. Unsecured balances, by contrast, should not automatically avoid ademption. The Article proposes amending the UPC to distinguish between secured and unsecured unpaid purchase prices: secured debts would transfer automatically, while unsecured debts would require the beneficiary to establish non‑ademption under §2‑606(a)(6). This refinement, it argues, would better align doctrine, policy, and testator intent.