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Article
The End of Probate
Faculty Online Publications
  • Stewart E. Sterk, Benjamin N. Cardozo School of Law
Abstract

In the nearly 50 years since Norman Dacey’s How to Avoid Probate first hit the best seller list, law reformers have responded by making probate easier, faster, and less expensive – especially for families with modest means and modest needs. These legal reforms, however, have barely made a dent in the use, and growth of probate avoidance devices. In a recent article, Reconfiguring Estate Settlement, 94 Minn. L. Rev. 42 (2009), John Martin suggests replacing the probate system with a non-judicial registration system. Although his proposal builds on the UPC and other reform statutes, Professor Martin contributes some new insights – not the least of which is that any reform effort may be doomed if it retains the “probate” label.

Document Type
Article
Publication Date
5-12-2010
Publisher
Jotwell: The Journal of Things We Like (Lots)
Disciplines
Citation Information
Stewart E. Sterk. "The End of Probate" (2010)
Available at: http://works.bepress.com/stewart_sterk/97/