Stewart E. Sterk (Cardozo School of Law) has posted Why Complicate Intestacy? on SSRN. Here is the abstract:
Intestate succession statutes have two primary objectives: first they should reflect the likely intent of the decedent, and second, they should facilitate efficient administration of the decedent’s estate. As changes in modern family structure have made it more challenging to determine decedent intent, statute drafters must decide how to prioritize these two objectives. The 2019 revision of the Uniform Probate Code, the most influential probate statute in the United States, prioritizes the search for intent, and in doing so unduly complicates probate administration without any assurance that its complex provisions will actually capture the intent of most decedents. By embracing excess complexity, the drafters have reduced the likelihood that state legislatures will adopt its provisions.
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