PREPARATION OF A MODEL PROBATE CODE

Authors

Rufford G. Patton, Committee on Improvement of Probate Statutes, Section of Real Property, Probate and Trust Law, American Bar Association

Abstract

At the 1940 meeting of the American Bar Association held in Philadelphia, the Section of Real Property, Probate and Trust Law included in its program a discussion of the proposal of a Model Probate Code. The section had previously had committees to consider the subjects of uniformity in probate codes and improvement in probate practice, and its programs had included not only reports of these committees but addresses outlining the increasing importance of probate law and the need for statutes which would create adequate standards of practice and administration. During the year 1940 the Journal of the American Judicature Society had carried a series of articles by Professor Thomas E. Atkinson on probate courts and procedure which was concluded in the February issue under the heading "Wanted-A Model Probate Code." After pointing out a few of the archaic and inconsistent provisions of the codes of some states, Professor Atkinson called attention to the fact that in recent years several states had enacted new probate codes, all of them undoubted improvements over their previous codes. The drafting was done by committees, councils or commissions and the new acts indicate the borrowing of provisions from other states. However, as pointed out by the author, it is important for such draftsmen to consult and fully consider the statutes of all the other states so as to select the best ideas and the most appropriate phraseology. He raised the question, is the remedy a uniform probate act; and if so, under whose auspices should it be prepared? He concluded that such an act would be an improvement upon the best of existing probate codes and called attention to various organizations which have been interested in the improvement of statutes, The National Conference of Commissioners on Uniform Laws, The American Judicature Society, The American Law Institute, The National Conference of Judicial Councils and the Committees on Improvement in Probate Practice and on Uniformity in Probate Codes, of the Section of Real Property, Probate and Trust Law of the American Bar Association.

Recommended Citation

Rufford G. Patton, PREPARATION OF A MODEL PROBATE CODE, 42 Mich. L. Rev. 961 (1944).
Available at: https://repository.law.umich.edu/mlr/vol42/iss6/2