Probate, the judicial process for settling a decedent’s estate, has been vilified and shunned for nearly five decades. Its cost, delay, and lack of privacy motivate the public and their advisors to utilize a multiplicity of title formats and alternative devices to transfer assets at death. For some time the Uniform Probate Code promised an avenue of reform. Modest adoptions, however, and the emphasis on court involvement restrict its ability to modernize estate settlement. This Article proposes a markedly different approach, an approach that would replace a thousand years of settling estates solely within a judicial system. The proposal is to remove probate from the courts and to substitute a registration system. This proposed nonjudicial approach validates a will by a simple recording, permits a fiduciary to take office by a statement of acceptance, and allows beneficiaries to transfer assets with simplicity and privacy.
Volume 94 - No. 1
- Note: Big Enough To Matter: Whether Statistical Significance or Practical Significance Should Be the Test for Title VII Disparate Impact Claims
- Note: Of Mosquitoes, Adolescents, and Reproductive Rights: Public Health and Reproductive Risks in a Genomic Age
- Note: Payments on Debt After Discharge: When a Discharge Is Not Really a Discharge and the Limits of Taxpayer Recourse
- Inherent National Sovereignty Constitutionalism: An Original Understanding of the U.S. Constitution
- Reproduction Reconceived
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