Can I file UCC-1 to claim estate assets before probate closes?

But I thought UCC filings were for claiming security interests in personal property? Wouldn't that include the equipment?

UCC filings are for creditors who have loaned money against collateral. You'd need to have an actual security agreement with your uncle before his death. You can't create a security interest after someone dies.

Exactly right. I see people try this all the time thinking they can use UCC filings to jump ahead in line for estate assets. It doesn't work that way and could actually get you in legal trouble.

Ok so there's no way to use UCC filings here? What about if I had co-signed on equipment loans with him?

If you were a co-signer on legitimate equipment loans, those creditors would already have UCC-1 filings on record. You should check the UCC database to see what security interests exist.

How do I check for existing UCC filings? I don't even know where to start looking.

Search your state's Secretary of State UCC database using your uncle's business name and personal name. You'll need to check both because equipment could be filed under either.

The Certana thing sounds useful for document checking but won't help with the main issue - you still can't file a UCC-1 without a valid security agreement.

Thank you! Finally someone with actual advice. Should I contact the court directly or go through the estate lawyer?

Go through the estate attorney first - they can file emergency motions for asset protection much faster than you can as an individual.

I'm not trying to file anything fraudulent! I just don't understand how this works and I'm panicking about losing these assets.

I understand you're stressed but filing a UCC-1 without a real security agreement IS fraudulent. You need to work within the probate system.

The guy's just confused about how UCC works. No need to scare him with criminal charges when he's asking for help.

This is super helpful. How long does it usually take to get protective orders from probate court?

Emergency protective orders can be issued within days if there's a real threat to estate assets. But you need to show actual evidence of risk, not just worry about what might happen.

Good advice. Also make sure you document the current condition and location of all equipment with photos and serial numbers.

I am named in the will to inherit the business. I'm not trying to steal anything, I just want to make sure the assets don't disappear while probate drags on.

Ok that changes things. If you're the designated heir for the business, work with the estate attorney to get appointed as temporary custodian of the equipment.

How long did your probate process take? I'm worried this could drag on for years.

Took about 14 months total but I had control of business assets within 6 weeks through preliminary letters. Talk to the estate lawyer about expediting that process.

Exactly - preliminary letters are the right legal tool here, not UCC filings.

That's a good point - if there are existing UCC filings against the estate's equipment, you should verify they're all legitimate before assuming those creditors have valid claims.

So I should check existing UCC filings first before worrying about filing new ones?

Exactly. You can't file new ones without valid security agreements, but you can challenge existing ones if they have errors or inconsistencies.

Thanks everyone. I clearly misunderstood how UCC filings work. I'll contact the estate attorney tomorrow about protective orders and temporary custody options.

Good plan. And don't panic - probate courts deal with asset protection issues all the time. They have procedures for exactly this situation.

Make sure you bring documentation of the equipment values and any concerns about family members trying to remove assets. The court needs specifics to issue protection orders.

Oh wow, I hadn't thought about that. How do I know if the creditors are legitimate?

Check that debtor names on UCC filings exactly match your uncle's legal name and business name. Small discrepancies can invalidate the whole filing.

Yep, that's exactly what the document checker caught in my situation - debtor name mismatches that made the UCC filings unenforceable.

Really great summary, Bruno! This thread definitely shows how easy it is to get confused about different areas of law when you're dealing with a crisis situation. One thing I'd add is that it's also worth getting familiar with your state's specific UCC search system early in the process - some states have better online databases than others, and knowing how to navigate them can save you time when you're trying to verify existing liens. The document verification tools people mentioned here seem really helpful for catching those technical errors that could invalidate filings.

This is such a helpful thread! As someone who's never dealt with estate issues before, I really appreciate how everyone broke down the differences between UCC law and probate law. It's clear that trying to use UCC filings to claim estate assets would be completely inappropriate and potentially illegal. The advice about working with the estate attorney to get protective orders and preliminary letters of administration seems like the proper legal path. I'm also intrigued by the mentions of document verification tools - it sounds like they could be really useful for anyone trying to understand what legitimate liens might already exist against estate assets. Thanks for sharing your experiences everyone!

Excellent overview, Jake! As someone completely new to both UCC filings and estate law, I found this entire discussion incredibly enlightening. What really stands out to me is how the original question seemed reasonable on the surface - wanting to protect valuable assets during probate - but the proposed solution (filing UCC-1 statements) was completely misaligned with the actual legal framework. It's a perfect example of why getting proper legal guidance is so crucial during stressful family situations. The community's patience in explaining not just what won't work, but providing concrete alternatives like probate court protective orders and preliminary administration letters, is really admirable. I'm also fascinated by the technical aspects of UCC filing verification - the idea that creditors might have invalid security interests due to name mismatches or other errors adds another layer of complexity that most people probably never consider.