Simplifying probate


Policymakers should simplify the settling of estates in probate. The process should be expedited. Cost should also be reduced. They should adopt the 1990 Uniform Probate Code. Changes should allow informal or administrative probate procedures for wills and for appointing personal representatives. They should also provide oversight for the unsupervised or independent handling of estates.

States should enact legislation to simplify, modify, and clarify estate planning.

States should enact legislation that authorizes transfer-on-death (or beneficiary) deeds to enable revocable non-probate real property transfers.

States should enact legislation, such as the Uniform Fiduciary Access to Digital Assets Act, that authorizes fiduciaries to treat digital assets in the same manner as tangible assets.