schedule provides the student (and the CPA) with the necessary information to
determine DNI. Note, though, that some parts of this process are relatively easy
while other steps are more complex. However, through a careful reading, the
method by which this figure is determined can be ascertained.
Research Case 3 (45 Minutes)
This research case requires the student to use a legal or commercial search
engine to locate a specific state’s probate code. Every state has a probate
statutory scheme. Approximately twenty (20) states have adopted a version of
the uniform probate code, in an attempt to utilize a consistent asset distribution
This statue, which is similar to the statutes of the other states which have
adopted the uniform probate code, provides the following:
72-2-113. Share of heirs other than surviving spouse. (1) Any part of the intestate
estate not passing to the decedent’s surviving spouse under 72-2-112,
(http://data.opi.mt.gov/bills/mca/72/2/72–2-112.htm) or the entire intestate estate if
there is no surviving spouse, passes in the following order to the individuals
designated below who survive the decedent:
(a) to the decedent’s descendants by representation;
(b) if there is no surviving descendant, to the decedent’s parents equally if
both survive or to the surviving parent;
or
(ii) not survived by a grandparent or descendant of a grandparent on either the
paternal or the maternal side, the entire estate to the decedent’s relatives on the
other side in the same manner as the half;