Law Commons^™

Ante-Mortem Probate: A Viable Alternative, Aloysius A. Leopold, Gerry W. Beyer

Faculty Articles

Most jurisdictions within the United States currently utilize the post-mortem model of probate. Under this theory, an individual of legal age and of sufficient mental health plans for the distribution of his bounty at death. These distribution plans are then formalized by being scribed into his last will and testament, which then awaits the death of its writer so that at the time of probate, it can be read once again to proclaim donative intent and assure that the estate is distributed in accordance with the testator’s desires.

While this theory of probate sounds proper, experience has revealed that in …