Comment:
Steven D. Lerner, The Need For Reform in Multistate Estate
Administration, 55 TEXAS L. REV. 303 (1976).
Abstract:
Current statutory treatment of foreign estates varies widely
from state to state. The resulting difficulty in multistate
estate planning imposes unjustifiably high costs on the public.
Moreover, according to this comment, the justification of
mandatory court-supervised ancillary administration as a
creditor-protection device rests on unsubstantiated grounds.
Thus, mandatory court-supervised ancillary administration truly
benefits only one limited class—attorneys. This comment
therefore urges individual states to recognize the distinctions
between domestic and foreign estate methods for dealing with
foreign estates. The author suggests that the promulgation and
adoption of a flexible, uniform system of ancillary proceedings
could reduce the high cost of administering and planning foreign
estates to a level commensurate with legitimate public
expectations.