Uniform Laws Update 2024 Legislative Update

Uniform Laws Update provides information on uniform and model state laws in development as they apply to property, trust, and estate matters. The editors of Probate & Property welcome information and suggestions from readers.

Uniform Laws Update Co-Editor: Jane Sternecky, Legislative Counsel, Uniform Law Commission, 111 N. Wabash Avenue, Suite 1010, Chicago, IL 60602.

State legislatures considered close to 200 bills to adopt uniform laws in 2024 and adopted 77 uniform acts on various topics. The following update will summarize 2024 legislative activity involving uniform real property acts and uniform trust and estate acts.

Real Property

The newest act promulgated by the Uniform Law Commission (ULC), the Uniform Unlawful Restrictions in Land Records Act, allows property owners to record an amendment, effectively removing a discriminatory restrictive covenant from their land records. The act was a significant success during this legislative session, with adoptions in Arizona, Colorado, the District of Columbia, Pennsylvania, and Washington, as well as introductions in Missouri, Nebraska, and West Virginia.

Other real property standouts from the 2024 legislative session include the Uniform Partition of Heirs Property Act (UPHPA), which provides due process protections to protect owners of heirs’ property from predatory partition actions, and the Uniform Real Property Transfer on Death Act (URPTODA), which authorizes the non-probate transfer of real property.

The UPHPA was adopted in Arizona and introduced in Kansas, Massachusetts, New Jersey, North Carolina, and Pennsylvania. Additionally, as of press time, the UPHPA has passed both chambers of the Michigan legislature and is awaiting Governor Whitmer’s signature. The URPTODA was adopted in New Hampshire and New York and introduced in Delaware, New Jersey, North Carolina, and Rhode Island.

Alabama adopted the Uniform Commercial Real Estate Receivership Act (UCRERA), also under consideration in the District of Columbia and Illinois. The UCRERA establishes the duties, rights, and responsibilities of receivers appointed to handle matters concerning commercial real property.

The Uniform Common Interest Ownership Act (UCIOA) provides straightforward guidance to associations and property owners of condominiums, co-ops, and planned communities. The most recent amendments to UCIOA made by the ULC in 2021 were adopted in Washington in 2024. This act was also introduced in West Virginia.

Unfortunately, no state legislature adopted three ULC acts during this session despite being introduced. First, the Uniform Easement Relocation Act (UERA), which authorizes a court to permit the relocation of a private easement under certain circumstances, was introduced in Missouri. Second, the Uniform Real Property Electronic Recording Act (URPERA), which allows local recording offices to accept electronic deeds and other property records, was introduced in Massachusetts and Missouri. Finally, the Uniform Residential Landlord and Tenant Act (URLTA), which updates and re-establishes the rights and responsibilities of landlords and tenants under contract law, was introduced in Georgia and Kentucky.

The Uniform Mortgage Modification Act was approved at the ULC’s annual meeting in July 2024 and will be available for consideration by the states in the 2025 legislative session. The Mortgage Modification Act creates a series of safe-harbor modifications that can be made to an existing commercial or residential mortgage without affecting the priority of junior lienholders or constituting a novation.

Trusts and Estates

Turning to trusts and estates, the Uniform Directed Trust Act (UDTA) was adopted in several states—California, Oklahoma, Pennsylvania, and Vermont—bringing the total number of enactments to 20. The UDTA provides clear, functional rules for structuring directed trusts and was also pending consideration in the District of Columbia at press time.

The Uniform Community Property Disposition at Death Act (UCPDDA), which provides rules for courts in noncommunity property states to properly recognize the status of community property created in a community property jurisdiction upon the death of the first spouse, was adopted in Nebraska and introduced in the District of Colum bia, Missouri, and North Carolina.

The Uniform Electronic Wills Act (UEWA) authorizes the execution and probate of an electronic will. This act was introduced in Georgia, Michigan, Missouri, New Jersey, New York, North Carolina, Oklahoma, and Virginia, but the only successful 2024 adoption was in Oklahoma. The national trend toward allowing electronic wills is con tinuing, and the act will be introduced in several other states next year.

Colorado, Oklahoma, and Washing ton adopted the Uniform Electronic Estate Planning Documents Act, which authorizes the electronic execution of estate planning documents other than wills, including trusts and powers of attorney. Missouri and Virginia also introduced this act.

The Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA) was considered by four states (Alaska, Colorado, Hawaii, Idaho) and the US Virgin Islands. At press time, the Virgin Islands’ bill was pending consideration. The UGCOPAA provides comprehensive guidance on the creation of guardianship and related orders and provides statutory law to implement guardianship reforms, including greater due process protections and increased use of less-restrictive alternatives to guardianship.

The ULC comprises commissioners from every US state and territory, and it employs legislative staff attorneys to assist with enacting the ULC’s wide range of uniform and model acts. For more information about uniform real property acts, please contact ULC Legislative Counsel Jane Sternecky at (312) 450-6622 or jsternecky@ uniformlaws.org. For uniform trust and estate acts, contact ULC Chief Counsel Benjamin Orzeske at (312) 450-6621.