Law of Wills, 2016A

Uniform Probate Code § 2-109
(a) If an individual dies intestate as to all or a portion of his [or her] estate, property the decedent
gave during the decedent’s lifetime to an individual who, at the decedent’s death, is an heir is treated
as an advancement against the heir’s intestate share only if (i) the decedent declared in a
contemporaneous writing or the heir acknowledged in writing that the gift is an advancement or (ii)
the decedent’s contemporaneous writing or the heir’s written acknowledgment otherwise indicates
that the gift is to be taken into account in computing the division and distribution of the decedent’s
intestate estate.
(b) For purpose of subsection (a), property advanced is valued as of the time the heir came into
possession or enjoyment of the property or as of the time of the decedent’s death, whichever first
occurs.
(c) If the recipient of the property fails to survive the decedent, the property is not taken into
account in computing the division and distribution of the decedent’s intestate estate, unless the
decedent’s contemporaneous writing provides otherwise.
If the court concludes that an advancement was intended, it relies upon the hotchpot
method in order to determine the amount of the estate to distribute to the child who received the
prepayment. The hotchpot method comes from the common law, but it has been codified.
Va. Code Ann. § 64.206. Advancements brought into hotchpot
When the descendant of a decedent receives any property as an advancement from the decedent
during the decedent’s lifetime or under the decedent’s will, and the descendant, or any descendant of
his, is also to receive a distribution of any portion of the decedent’s intestate estate, real or personal,
the advancement shall be brought into hotchpot with the intestate estate and the descendant is
entitled to his proper portion of the entire intestate estate, including such advancement.
2.5.7 Computation of Shares-Hotchpot Method.
Example:
Zeda died intestate, survived by her four children, Denise, Jana, Melanie and Robert. Zeda’s probate
estate was worth $200,000. While she was living, Zeda gave $50,000 to Denise and $10,000 to
Melanie. Zeda left a written instrument declaring that she intended the gifts to Denise and Melanie
to be treated as advancements.
Explanation:
The first step in the hotchpot method is to add the value of the advancements to the value of Zeda’s
probate estate. This combined figure is called the hotchpot estate.
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