DISPENSING WITH ADMINISTRATION

With an elaborate system existing in every state for the administration of decedents' estates, it should not be assumed that every estate is or need be subjected to official supervision by a probate court. According to studies made in this connection there is approximately one administration for every four deaths. In some cases there is no estate to be administered. In others it is of such small value that administration is neither required nor justified.

Even when a decedent dies possessed of a moderate or large estate, it does not follow that administration is absolutely essential. It is the experience of every lawyer that an administration in many estates is not needed. On the other hand, the opinion of many heirs and beneficiaries that an administration on the estate in which they are interested is or should be unnecessary is an erroneous one. The purpose of this study is to consider the precise circumstances which will justify dispensing with a formal administration, in whole or in part, on the estate of a decedent, and the extent to which modern legislation has specifically provided for its being dispensed with or has favored or permitted "informal" or "unofficial" administrations.