Transfer (Probate) Law and Legal Definition

Transfer results in the changing of ownership from one party to another. Pursuant to section 2 201 of the Uniform Probate Code, transfer relates to a transfer by or of the decedent. Transfer under the Code includes:

an exercise or release of a presently exercisable general power of appointment held by the decedent;

a lapse at death of a presently exercisable general power of appointment held by the decedent, and

an exercise, release, or lapse of a general power of appointment that the decedent created in himself/ herself and of a power that the decedent conferred on a nonadverse party.

A nonadverse party is a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that s/ he possesses respecting the trust or other property arrangement.